In this article, we will cover the follow topics:
- What is Possession Of Child Pornography In Virginia
- Why You Need A Virginia Child Pornography Lawyer
- How A Virginia Federal Child Pornography Lawyer Can Help You
- How Is A Child Pornography Charge Investigated
Possession of child pornography in Virginia is prosecuted by both the state and the federal government. Depending on the severity of the pornography charges, you can end up with a substantial jail term regardless of whether you are facing state charges or federal charges for a sex crime violation.
All sex crimes against minors in Virginia are dealt with strictly by the justice system including but not limited to possession of child pornography. If you are charged with a sex crime in Virginia, it will have many long term effects besides prison sentences and fines. It will also affect your relationship with your family, friends and colleagues, have an adverse effect on your career and potentially impact custody of your child if you have children.
In Virginia, possession of child pornography law is defined as any sexually explicit visual content that involves a minor (under the age of 18) engaging in sexual acts or is behaving in a sexually related manner. This includes any hard copy photographs, videotapes, sculptures or videos and images on any digital device like a computer.
Sexually explicit content falls under any one or more of these categories:
- Display of nudity
- Sexual acts
- Sexual arousing
- Sadomasochistic abuse
You can be charged with possession of child pornography in Virginia if you intentionally possess any item that demonstrates sexual exploitation of a minor. Keep in mind that this is a felony charge in Virginia
You may also be charged with violating this felony crime in Virginia if you have obtained such content through any means.
If you are found guilty of possession of child pornography in Virginia and even it is your first offense, it is a felony crime and you can be sentenced to jail for a term not exceeding one year and a fine of up to $2,500. In cases where it is not the first offense, you may be sentenced with up to 20 years in prison and a fine that may go up to $2,500. Also, the Virginia court will require you to register as a sex offender which will affect all aspects of your life including career and family.
If you are charged with the possession of child pornography in Virginia, there are some defense strategies that your experienced attorney may know and it will reduce or even dismiss the charges completely. Keep in mind that if you are facing felony charge of this nature, it is important to get the best sex crimes lawyer possible.
One of the defenses that your sex crimes lawyer may argue in court that the content was not in your possession or that you were not aware of its existence. The best way to prove that is if the content was found in a shared work-space or computer. Virginia child pornography lawyers can assist the defendant in proving this by employing the services of a computer forensic expert to show the exact time and how the content was downloaded to prove that you were not guilty of the crime. If you can prove that you were not aware of the possession and did not obtain the content purposely, then all charges may be reduced or dropped.
Your Virginia sex crimes lawyer can also argue that the content in your possession is not child pornography. If the content does not have any minors or contains adults that appear and act like minors, the content shall not be considered child pornography and the case will be dismissed.
Even if you are guilty, you may still argue that your constitutional rights such as your Miranda rights were violated during the process of the arrest. You may also argue that the evidence being used in court was obtained unlawfully and that the prosecution should be prohibited from using it.
In such cases, the judge will not allow the evidence obtained illegally and this shall affect the outcome of the criminal case drastically or your case may be dismissed. Therefore, choose your Virginia sex crimes lawyer wisely so that the charges against you can try to have your charges reduced or dismissed.
Mr. Sris has been defending clients charged with computer sex crimes in Virginia for over 15 years.
WHY YOU NEED A SKILLED VIRGINIA CHILD PORNOGRAPHY LAWYER WHEN FACING POSSESSION, DISTRIBUTION OR MANUFACTURING CHARGES.
Contact us today should you need an experienced Virginia sex crimes lawyer to defend you against a sex crime. A sex crimes lawyer in Virginia can help in ensuring you understand what things to expect at every step of the case and work diligently to protect your liberty and reputation.
Our Virginia child pornography lawyers are devoted to serving our clientele and will do their absolute best to get you the best result possible based on the facts of your case. An experienced Virginia child pornography lawyer will help you by investigating every facet of the prosecution case against you. A seasoned Virginia possession of child pornography lawyer will be familiar with how the prosecution is going to try to attack you and what steps can be taken to defend you. A Virginia federal child pornography attorney can explain the way the sex offender registry works in Virginia and the way it may affect you based on the result of your case. The laws against child pornography violations are extremely serious and will result in rather lengthy jail sentences. This is especially true of a Virginia federal child pornography charge. Keep in mind that the lowest charge a federal prosecutor is going to bring against you in most cases is receipt of kiddie porn. A skilled Virginia sex crimes defense lawyer will have the ability to determine the ideal defense possible in your specific case, and fight tirelessly to safeguard your rights, freedom, and reputation.
Sexting teenagers, friends, and even parents can occasionally be charged with offenses deemed a felony sex crime in Virginia. In the event your child or you are accused of child pornography in Virginia, it’s important to get in contact immediately with an experienced Virginia child pornography lawyer. Allowing another individual to see a picture you’re in possession of is considered distribution in Virginia. On account of the worldwide presence of the net, an individual who’s accused of breaking a law regarding an online sex crime could be prosecuted in a county in that state of Virginia where the offense occurred, in another county in the same state, or in a different state and if it is a federal offense, you could potentially face double prosecution in state and federal court.
Possession of child pornography is an incredibly serious charge in Virginia. Possession of Child pornography in Virginia is a felony crime and carries a substantial jail sentence.
Being charged with this type of violation might be one of the most devastating experiences you can confront. These charges can happen even if you inadvertently came into possession of this type of illicit porn. This charge carries permanent damaging penalties which will endure a lifetime. It’s of the utmost importance that you speak with an experienced Virginia child pornography lawyer whenever possible if you’re facing kiddie porn charges. Child pornography charges can take a very long time to resolve as a result of the investigation stage that is lengthy, so make certain to talk about the process with your Virginia child pornography lawyer so you know what things to expect. In the event that you’re accused of a state of Virginia or federal kiddie porn charges, it’s essential to get in touch with a Virginia child pornography lawyer as soon as possible to schedule a complimentary case analysis in most cases as you could be facing severe punishments.
If you have been contacted by law enforcement even for a simple knock and talk encounter regarding any kind of possession, distribution or manufacturing of kiddie porn, immediately reach out and speak to a sex crimes defense lawyer in Virginia. Since these sorts of crimes involve the net and can cross country and global lines, kiddie porn charges are prosecuted in state and federal courts throughout Virginia.
Our Virginia child pornography lawyers understand that sometimes, you may have viewed kiddie porn out of simple curiosity. In the era of file sharing via bit torrent, the ability to inadvertently possess illicit porn of a minor is a very high possibility. So often, clients sometimes come into possession of child pornography because it is sent to them through a group chat such as WhatsApp. In these types of instances, speaking to an experienced Virginia child pornography lawyer may enable you to have the Virginia sex crimes lawyer speak to law enforcement and explain that this was truly inadvertent and that you had no intent to possess or distribute kiddie porn.
Virginia Federal Child Pornography Lawyer
Federal Child pornography charges are aggressively prosecuted by experienced US Attorneys also refered to a as Assistant US Attorneys (AUSA).
Today, child pornography applies to all types of media that displays a person under the age of 18 years and performs sexually explicit acts. These can be digital images, photographs, drawings, sculptures, movies and videos. Anyone who knowingly owns child pornography in Virginia can be found guilty of a criminal offense. Those accused of having reproduced, sold or distributed such materials in any way are punished with fines of between five and 30 years in a state prison. Federal child pornography charges in Virginia carry penalties that are even more serious. If you have been charged or investigated for a child pornography crime, contact a US federal child pornography lawyer in Virginia today.
The primary federal sex crimes lawyer (Mr. Sris) at the Law Offices Of SRIS, P.C. who defends sex crimes before the federal courts of Virginia is licensed before the Eastern and Western Districts Of VA. He defends clients charged with federal sex crimes before the federal courts of Alexandria, Richmond, VA Beach, Abingdon, Big Stone Gap, Charlottesville, Danville, Harrisonburg, Lynchburg and Roanoke. Call 888-437-7747.
Potential defense against child pornography
There are many reasons why individuals are caught when federal law enforcement officers randomly throw wide nets in search of real offenders of child pornography:
Perhaps the defendants have not noticed that they participated in the distribution through the simple act of “file sharing” or by sharing images with other people on the Internet.
Maybe they did not know that the actors were underage. Maybe someone else with access to the computer or the digital device of the accused downloaded the illegal images In many cases, illegal files were created without the knowledge of the defendant.
The suspect may have innocently or inadvertently downloaded the illegal images as part of a software program or application
Challenges to federal charges of child pornography
The prosecution must first prove that the people in the pictures are actually minors. Most of the time, this burden of proof can only be provided by the appearance of people or the environments depicted in the material. Stronger evidence could be a witness who can identify the persons depicted as a minor. The second element of the government’s burden of proof is the evidence that the images actually conform to the legal definition of pornography. Innocent pictures of naked children are not necessarily porn. The last link in the chain of evidence is completed when the prosecution clearly proves that the pictures were received, possessed or distributed by the accused. The circumstantial proof is not enough. In the eyes of the law, the prosecution must prove beyond a reasonable doubt that the suspect was a willing, active owner of child pornography. This is done by clearly showing that only the defendant knowingly owned (or distributed) the images.
Some cases of child pornography fall apart when an experienced federal prosecutor successfully attacks this last link.
Categories for child pornography charges
Child pornography charges usually fall into three general categories:
The differences between these categories are profound and the higher your penalties are, the more serious they become.
If the burden of proof for the prosecution is more difficult, your Virginia federal child pornography lawyer may be able to use aggressive negotiating tactics that reduce the charges of simple possession or, in some cases, drop the charges.
Penalties for offenses related to child pornography
Cases of child pornography are often referred to the Federal Prosecutor’s Office if it involves a large number of pictures or if files are exchanged across state borders. The conviction for certain federal child pornography offenses is quite severe.
A first-time offender convicted of transporting child pornography in interstate or foreign trade pursuant to 18 USC 2252 are imprisonment and a statutory minimum of five to a maximum of 20 years imprisonment.
A first-time conviction for the production of child pornography leads to a prison sentence of at least 15 to a maximum of 30 years. See 18 U.S.C. Section 2251. If offenders have previously been convicted or if the crime against child pornography has taken place in an aggravated situation, this may result in life imprisonment.
The penalties for state child pornography offenses in the Commonwealth of Virginia are equally stringent. If you’ve been accused of intentionally owning, receiving or distributing child pornography before the federal court, you’ll need an experienced Virginia federal child pornography lawyer who knows how to handle prosecutors to aggressively defend your case or refute false allegations.
The Virginia federal child pornography lawyers at the Virginia Law Offices of SRIS, P.C. are here to help and understand the uniqueness of each case and urge anyone facing such charges to request a free initial consultation. During this consultation, our Virginia federal sex crimes lawyers can help you analyze the pending charges, explain all your options, and suggest the best options for you based on the facts of the case.
The primary federal sex crimes lawyer at the Law Offices Of SRIS, P.C. who defends sex crimes before the federal courts of Virginia is licensed before the Eastern and Western Districts Of VA. He defends clients charged with federal sex crimes before the federal courts of Alexandria, Richmond, VA Beach, Abingdon, Big Stone Gap, Charlottesville, Danville, Harrisonburg, Lynchburg and Roanoke. Call 888-437-7747.
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