Have you or someone you know been accused of producing, distributing, or possessing child pornography? Do you need an experienced lawyer to defend you, or just have questions about the child pornography laws & penalties in Virginia?
State law in Virginia defines child pornography as sexually explicit material, particularly sexually suggestive nudity or lewd depictions of sexual activity, involving a minor younger than 18 years old. Relevant material can span a range of mediums, most prominently including videos and photographs. In Virginia, child pornography charges apply to someone who is accused of possessing, reproducing, distributing, soliciting or facilitating child pornography.
Among the key questions that will be weighed in a child pornography case are whether the materials meet the legal definition of sexually explicit, whether the individual or individuals in the images were minors and whether the person charged knew what the materials were and whether they were aware that they possessed them.
Virginia law includes subsections with specific charges for particular child pornography violations. Possession of child pornography is a Class 6 felony, carrying a penalty of either between one and five years in prison or a maximum of one year in prison and a maximum fine of $2,500. If someone is convicted of a second or subsequent violation of child pornography possession, the charge is a Class 5 felony, which carries a penalty of between 1 and 10 years’ imprisonment or a maximum sentence of one year in a correctional facility and a maximum fine of $2,500. Also, each image of child pornography that is possessed gives rise to a separate charge and each one after the first can be charged as a second offense. For example, if you possessed 100 images, they could charge you with 1 first offense, and 99 second offenses.
Any person who distributes child pornography faces an unclassified felony charge, whether they sold the material or gave it away. Conviction of this charge carries with it a punishment of a minimum of five years in a state correctional facility and a maximum of 20 years. A second offense of distribution carries a 5-year mandatory minimum sentence on the 5-20 range.
In addition, anyone who operates an internet website for the purpose of receiving payment for access to child pornography is guilty of a Class 4 felony. That carries a penalty of between two and 10 years’ imprisonment and a maximum fine of $100,000.
Individuals facing state charges in Virginia for child pornography could also potentially be subject to federal charges, depending on the specifics of the alleged crime.
Do you need an experienced, confident, and knowledgeable criminal attorney to fight by your side? As you may have already read, the severity of a child pornography conviction is very high, and it is important that you have the proper representation during your case.
If you live in the Northern Virginia area, our successful attorneys are available to assist you in protecting your criminal record, your name, and your reputation.
Contact us
The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
(703) 844-4118
