Virginia Child Pornography Lawyer

Virginia Child Pornography Lawyer

Virginia law prohibits the possession of child pornography and provides serious penalties for the offense. According to VA code section 18.2-374.1:1, child pornography is the knowledge and possession of sexually explicit visual content, whether images or videos, that contain a child at the time it was created. 

Virginia pursues child pornography charges vigorously. You, therefore, don’t have to wonder about the severity of the penalties stipulated for this crime.

Also, there is a strong negative perception revolving around people accused of the crime.  It’s therefore in your best interest to involve a Virginia child pornography lawyer when charged with this offense against minors. One such professional is Jad Sarsour, an experienced defense attorney in Virginia who can help clear your name and guide you through each step of the legal process.

Virginia Child Pornography Crimes

VA code section 18.2-374.1 outlines four ways an individual can be guilty of child porn.

The first involves requesting or suggesting that a minor participate in pornography. In this case, it doesn’t matter whether the said child exists, whether the victim rejects the proposal, or if no images or videos were recorded. 

So, if an individual in an online chat room messages an undercover law enforcement official believing that he or she is minor, and request inappropriate photos, the accused is guilty of child pornography crime.

The second way includes making, preparing, or trying to produce child pornography. Also, knowingly participating in the creation of pornography is punishable by Virginia law. Financing or attempting to finance the production of child pornography is also covered under the Virginia child pornography statute.

Possession of child pornography is the third way an individual can be convicted under VA code 18.2-374.1. Opening an attachment containing a sexually explicit photo, viewing a photo online, or having a picture that was sent to you by a third party still counts as a possession.

The fourth way of committing child porn is distributing pornographic materials depicting a minor(s). This includes but not limited to downloading a picture online, forwarding it to someone else, posting an image online, and printing or photocopying the picture.

If you believe the authorities may be investigating you for the above offenses, it’s wise to secure the services of a competent sex crime attorney quickly. The earlier you contact Jad Sarsour, the sooner he can embark on building a robust defense unique to your circumstances and needs.

Corresponding Penalties

Possessing child pornography is punishable by up to five years imprisonment for a first offense and ten years in prison for a second offense. For the first offense, the jury or judge can reduce the charge to one-year imprisonment and $2500 fine.

The distribution of child porno comes with a prison term ranging between 5-20 years.

Producing underage pornography attracts a prison sentence, which typically ranges from 5 to 40 years, depending on the age of the minor and the age difference between the accused and the victim. 

During investigations, law enforcement officers may possess equipment allegedly used in the production and distribution of sexually explicit material with an image(s) of a minor(s). Following conviction, the accused must forfeit such equipment the state, according to VA code section 19.2-386.31.

With the severity of the above penalties, not forgetting the stigma associated with the conviction of such a crime, it’s wise to consult a proven Virginia child pornography lawyer for excellent guidance and outstanding representation in court.

Sexting

Under certain circumstances, sexting may violate the Virginia child pornography statute, depending on the age of the party involved and the sent image. For instance, if an individual is sexting and sends an explicit material of themselves or another minor. Also, the intended recipient can be charged with possession of child porn.

Sexting case involving an adult is dealt with in the federal courts. Typically, the Virginia county court system works on cases involving minors who are sexting each other.

Image Exemptions

Under Virginia Code section 18.2-374.1:1(H), the following images are exempted from the laws outlined above:

  • Images kept by lawyers, physicians, psychologists, and law enforcement officers
  • Photos held by a judge officiating a particular case
  • Images stored for scientific or medical purposes 

Need Help with Child Pornography in Virginia?

If you are charged with child porn, it’s prudent to secure strong representation from a reputable and experienced Virginia child pornography lawyer. 

Jad Sarsour will ensure the protection of your rights and will labor with you through the case to secure the best outcome, clear your name, and reclaim your freedom. Email or call his office for a free consultation. 

Schedule A Free Case Consultation