Virginia Sexual Performance Using A Minor Lawyer — What Are Your Defense Options?
A charge for sexual performance using a minor under Va. Code § 18.2-374.3 is a serious felony in Virginia, carrying severe penalties and lifetime sex offender registration. If you are facing these allegations, you need a defense lawyer with deep experience in Virginia’s criminal court system. Law Offices Of SRIS, P.C. provides a focused defense against these criminal charges.
Virginia Law on Sexual Performance Using a Minor
Virginia law prohibits the use of a minor in a sexual performance. The specific statute, Va. Code § 18.2-374.3, defines this offense. A “sexual performance” means any performance or part thereof that includes sexual conduct by a person under 18 years old. “Sexual conduct” is broadly defined to include actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals, pubic area, or anus.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
The law targets not just the creation of such material but also its promotion, preparation, production, publication, sale, distribution, or possession with intent to distribute. This means you can be charged even if you did not personally create the performance. The firm, founded in 1997 by former prosecutor Mr. Sris, understands the severe implications of these charges and the aggressive prosecution they often face.
External Legal Resources
For the official Virginia statute, refer to the Virginia Legislative Information System (Va. Code § 18.2-374.3). For court procedures and information, visit the Virginia Courts website.
Building a Defense Strategy
Defending against a charge of sexual performance using a minor requires a case-specific approach. The prosecution must prove every element of the crime beyond a reasonable doubt. A key local procedural fact in Virginia is that these cases are often initiated at the General District Court level for a preliminary hearing before moving to Circuit Court for trial. The evidence frequently involves digital forensics, which requires specialized knowledge to challenge.
- Initial Case Assessment: Your lawyer will review all charging documents, police reports, and any available evidence to identify weaknesses in the prosecution’s case.
- Investigation & Evidence Review: This involves examining digital devices, analyzing forensic reports, interviewing potential witnesses, and determining if your rights were violated during the investigation.
- Pre-Trial Motions: Your criminal court lawyer may file motions to suppress illegally obtained evidence or to challenge the sufficiency of the charges.
- Negotiation or Trial Preparation: Based on the evidence, your attorney will advise on the possibility of a plea negotiation or will prepare a strong defense for trial.
- Trial Defense: At trial, your lawyer will challenge the prosecution’s evidence, cross-examine witnesses, and present your defense to the judge or jury.
Potential Penalties for Sexual Performance Using a Minor in Virginia
In Virginia, sexual performance using a minor is a Class 4 felony, punishable by 2 to 10 years in prison and a fine of up to $100,000. A conviction also mandates lifetime registration on the Virginia Sex Offender and Crimes Against Minors Registry.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Sexual Performance Using a Minor (Va. Code § 18.2-374.3) | Class 4 Felony | 2 – 10 years | Up to $100,000 | N/A | Lifetime sex offender registration; possible GPS monitoring; loss of professional licenses; restrictions on where you can live and work. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team has a combined 120+ years of legal experience. We have handled thousands of criminal cases across Virginia. Our approach is direct and focused on the details of your case. We understand that a charge for sexual performance using a minor can upend your life, and we work to protect your rights and future.
Case Results and Client Advocacy
Our firm has a documented record of results in sex crime cases across Virginia. While every case is unique, our experience allows us to build strong defenses. For instance, attorney Matthew Greene, with over 30 years of experience and a former 14-year contract with Child Protective Services in Alexandria, provides critical insight into cases involving minors.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
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24/7 phone consultations — (888) 437-7747 — meetings by appointment only. Serving all Virginia communities.
Frequently Asked Questions
What does “sexual performance” mean under Virginia law?
It means any performance, live or recorded, that includes sexual conduct by a minor. This includes simulated acts intended for sexual arousal and is not limited to explicit pornography.
Can I be charged if I only possessed the material and didn’t create it?
Yes. Va. Code § 18.2-374.3 criminalizes possession with intent to distribute, sell, or publish. Simple possession may be charged under separate child pornography statutes.
What is the main goal of a defense lawyer in these cases?
The primary goal is to protect your rights and achieve the best possible outcome, which could mean case dismissal, reduction of charges, or an acquittal at trial.
Is lifetime sex offender registration mandatory for a conviction?
Yes. A conviction under Va. Code § 18.2-374.3 is a registerable sex offense, requiring lifetime inclusion on the Virginia Sex Offender and Crimes Against Minors Registry.
How can a criminal attorney challenge digital evidence?
A defense lawyer can file motions to suppress evidence obtained without a proper warrant, challenge the forensic analysis methods, or question the chain of custody of digital devices.
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Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.