Virginia Child Pornography Lawyer
Virginia law does not permit residents to possess child pornography. A Virginia resident who intentionally obtains and keeps child pornography in his or her possession and is convicted under VA Statute 18.2-374.1:1 will be guilty of a Class 6 felony.
If you are charged with child pornography, it is likely in your best interest to contact a Virginia child pornography attorney today to schedule a free case analysis as you may be facing severe penalties. If unsure whether your case is considered child pornography contact a Virginia sex crimes attorney today.
- What is Considered Child Pornography Under State Law?
- Possession of Child Pornography Charges in Virginia
- Penalties for Possession of Child Pornography in Virginia
- Are Child Pornography Charges Prosecuted Vigourously in VA?
- Reproduction or Distribution of Child Pornography in VA
- Child Pornography Website Ownership Laws
- Is Sexting Considered Child Pornography in Virginia?
Virginia Child Pornography Penalties
The penalties for Class 6 felonies fall under Virginia Statute 18.2-10. Possession of child pornography would mean that those convicted could receive a prison sentence of at least one year with a maximum sentence of five years. If the judge or the jury decides, they can choose to sentence the convicted party to a 12-month jail term or a maximum $2,500 fine. In some instances, people have received both meaning that a child pornography lawyer in Virginia should be contacted as soon as you are accused.
If a person previously convicted of possession of child pornography is convicted a second time, he or she will be guilty of a Class 5 felony under the statute listed above. The penalty is a prison sentence that cannot be less than one year, and may be as long as 10 years. However, the judge or jury can choose to present the guilty party with the alternative sentence described above.
Those who share ponographic materials containing the images of a child are guilty of a Class 3 felony, and the penalties require imprisonment in a state correctional facility for at least five years. However, the maximum prison sentence is equal to 20 years. If Virginia residents are convicted a second time, they have the potential to receive the same sentence, but the five-year prison sentence will be a mandatory minimum.
In some cases, people seek to profit from sharing child pornography over the Internet by creating websites for this purpose. Those who operate this type of website in Virginia and take payments from others to distribute pornographic materials featuring children may be found guilty of a Class 4 felony. Under Statute 18.2-10, the penalty people convicted of this crime will receive is a prison sentence that will last at least two years and possibly as long as 10 years. They may also receive a fine up to $100,000.
Types of Images Exempt From Child Pornography Laws
The images that apply under the statute listed above are of people in a sexually explicit manner that appear to be under the age of 18. Under Statute 18.2-374.1:1, certain individuals are exempt from the laws described on this page, and they include the following:
- Images stored for medical or scientific purposes
- Images kept by those in law enforcement, psychologists, physicians or lawyers
- Images maintained by a judge who is officiating over a court case
Seizure and Forfeiture of Property
In the course of performing their investigations, law enforcement officers may take possession of the equipment that was allegedly used to distribute, copy or share pornographic materials that depict the images of minors. According to Statute 19.2-386-31, those being investigated for possession of child pornography will have to forfeit such property to the state upon conviction.
Virginia Child Pornography Attorney
No other crime has grown faster than possession of child pornography in Virginia from the year 2003 to 2009. Between these years, convictions for possession increased by 218 percent, thanks largely to the rise of the Internet. With increased use and the ability to join websites that share these types of materials, the child pornography industry has been able to grow at a rapid pace.
If you are charged with this offense, you need to secure representation from a Virginia child pornography attorney as soon as possible. Our legal advice will help ensure your rights are respected, and we will labor throughout the court process to protect your freedom and your name. Call our offices today for a free consultation with a Virginia child pornography lawyer.
Title: A Thorough Representation
Karin Riley Porter provided me with honest, direct, and thorough representation in my recent court case. Having worked as a former prosecutor, she was well versed in all aspects of the proceedings from personal experience on both sides. Ms. Porter is very approachable and always available to answer any questions that may arise. Likewise, her Administrative Assistant is extremely helpful and welcoming which helps sets the client at ease immediately upon entering the office. I would highly recommend Ms. Porter as an outstanding defense attorney.