Child pornography offenses are some of the most severely prosecuted crimes codified under Virginia law. Even first-time offenders often face life-altering sanctions that may include prison time and mandatory sex offender registration. If you find yourself facing these serious allegations, the actions you take in the immediate future to strengthen your legal position could play a key role in determining your future.
Assistance from a Loudoun County child pornography lawyer can be vital to building a strong defense. Whether you have been charged already or are currently being investigated, you should contact a sex crimes attorney experienced with fighting accusations of a sensitive nature and achieving positive results for defendants in a similar position.
Code of Virginia §18.2-374.1 defines child pornography as visual material utilizing or including an identifiable minor that is sexually explicit in nature. Visual material in this context includes photos, videos, sculptures, digital images, and drawings in certain circumstances. An identifiable minor is a person who was a minor at the time the material was made and who is recognizable as a real person based on distinguishing characteristics.
Any person who solicits a minor, with or without force, to be a subject for such material, produces or attempts to produce such material, or knowingly participates in, finances, or otherwise facilitates the production of such material has committed a felony offense under this same statute. Penalties for an ensuing conviction may vary depending on the age of the depicted minor and the defendant’s age relative to that minor.
It is worth noting that subsequent offenses may result in harsher sentences upon conviction, as a child pornography attorney in Loudoun County could further explain. For example, a first offense for producing child pornography depicting a minor between seven and 15 years old is punishable by five to 30 years’ imprisonment with no mandatory minimum, whereas a second or subsequent offense could lead to a mandatory minimum 15-year term up to a maximum of 40 years.
Possession of child pornography is not quite as severely punished as production offenses under VA Code §18.2-374.1:1, but it is still a serious felony that may result in lengthy prison terms. A first-time offender charged with simple possession may face sanctions commensurate with a Class 6 felony offense, and any subsequent offense would become a Class 5 felony.
This section of state law also criminalizes the intentional reproduction and distribution of child pornography, which is punishable by five to 20 years in prison for a first offense and a mandatory minimum five-year term within the same range for a second or subsequent conviction. A child pornography lawyer could help a Loudoun County resident effectively contest charges pursued under these statutes.
Being accused of any child pornography offense is an immensely serious matter, since even an acquittal in court might not change the damage that a mere allegation could do to your personal and professional reputation. Furthermore, if you are convicted, you will remain a felon for life and, in some situations, a registered sex offender as well.
Put simply, seeking a skilled defense attorney should be your top priority immediately after learning of a child pornography investigation or charge. Contact Loudoun County child pornography lawyer Karin Riley Porter today to discuss your options.
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