Definition of Child Pornography Under Virginia Law
According to the law of the State of Virginia, child pornography is defined as producing, possessing and distributing images or videos of consensual or non-consensual sexual acts depicting that the person is below the legal age limit of 18 years. This can include pictures, drawings, sculptures, videos or motions pictures. A Virginia federal child pornography lawyer will assist you in fighting your case for
Child Pornography a Serious Sex Crime
Virginia has some of the strictest laws in the country when it comes to possession or distribution of child pornography. Any individual found guilty of possessing child pornography will be committing a major felony. Those who are accused of producing, distribution and selling child pornography could face considerable jail time from 5 to 30 years in a Virginia state prison. If you are charged or under investigation in a case related to child pornography offense, then it is recommended that you contact a Virginia federal child pornography lawyer.
Penalties Associated with Child Pornography in Virginia
There are several laws related to child pornography, most of them are mentioned under Chapter 110 of the US. Code. Some of the penalties for child pornography are:
- Prison sentence depending on the degree of the crime
- Hefty Fines
- Community service
- Registration as a sex offender
- Not considered as protected speech covered under the First Amendment
Producing Child Pornography (18 U.S. Code 2251)
According to Virginia Federal Child Pornography Lawyer, this section has many specifications, and the primary definition of the law indicates that if an individual in any way is controlling a minor. Then the person uses that minor to create sexually explicit material in the form of photographs or motion picture.
And the individual has the intent to distribute or already distributed such material for monetary returns or non-monetary favors locally or internationally is committing a federal offense. The penalties for such a crime include 15 to 30 years of jail time. A violation of this offense carries a hefty fine of $17,500 to $175,000. The fines and jail terms could increase or decrease with crimes and the nature of child pornography. Contact Virginia Federal Child Pornography Lawyer today if you feel you are in a situation that involves investigation for child pornography.
What Could be Used as Defense for Potential Child Pornography?
There are several cases where people find themselves under investigation for possessing child pornography. People find themselves in a major crisis when officials launch an investigation on a large scale to catch actual child pornography rings. Some points for defense are:
- Sometimes the defendant is not able to determine if they are engaging in possession or distribution of child pornography.
- They could be using ‘file sharing’ websites and came across the content by accident
- They are unaware that the actors in the photographs or video are below 18 years old and classified as minors
- Unauthorised access to the defendant’s personal smartphone or other electronic equipment were used to possess or create child pornographic material.
- Illegal files have been planted without the defendant’s knowledge either by a third party software program, or such material could be accidental downloads
Virginia Federal Child Pornography Lawyer could use the aforementioned points as a defense to protect anyone facing criminal charges related to child pornography.