Virginia Federal Child Pornography Lawyer Laws Possession Sex Crimes Defense

Most people are unaware that the child pornography offenses in Virginia may result in federal prosecution as well.

The punishment that can be imposed begins with a minimum mandatory sentence of 5 years for federal distribution of child pornography.

Virginia law classifies child pornography offenses into three categories such as production, possession, and distribution of child pornography and each of these offenses is compounded independently.Virginia state law imposes serious penalties on child pornographic offenses such as imprisonment and fines.

Child pornography production means any attempts made by an individual to solicit a minor to be a subject of child porn and includes all activities such as providing monetary support for the crime. Possession of child porn means holding in one’s possession of any image or video that depicts sexual abuse of a minor.

The distribution of child pornography includes any act of copying, reproducing, selling or giving away content that has minors in it. In this context, one should note anyone accused of these acts cannot take the defense of free speech under the first amendment. Possession of child porn is punishable as a class 6 felony resulting in one to five years of imprisonment. However, in some child porn possession cases, the court may in its discretion, order imprisonment of 12 months.

A second offense of child porn possession is considered a class 5 felony under Virginia law resulting in imposing of one to ten years imprisonment and a fine of $2500. Most offenders wonder what are the acts that are considered reproduction. For the purpose of a child pornography reproduction includes sending the offensive materials through computers, phone, by print or persuading another person to send the same. The act of reproducing child porn will lead to an imprisonment for a period between 5 to 20 years. If any person operates a digital server allowing hosting of offensive images or videos, such individual will be charged with class 4 felony and the courts order a mandatory minimum jail sentence of 2 years with a maximum fine of $100,000.

Defense strategies most commonly used in child pornography cases are not being aware of having possession of offensive content, illegally seized material or that the supposed minor in the offensive conduct is not actually a minor. Entrapment methods used by police to arrest offenders may be taken as a defense in child porn cases.

In child pornography cases, a skilled Virginia federal child pornography may be able convince the judge about the innocence of the offender as the intent is often presumed in child porn cases.

Mr. Sris has been defending clients charged with violating Federal child pornography laws in Virginia for over 15 years.

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