Richmond Child Pornography Lawyer
Understanding the Law in the Commonwealth of Virginia
The production, publication, sale, distribution, and possession of child
pornography are considered to be illegal. What distinguishes child pornography
is the age of the individual or individuals depicted. The minor in question
must be identifiable as a minor — meaning less than 18 years of
age — at the time the pornography was created, and must be recognizable
as an actual person by their face, likeness, or other distinguishing characteristics,
such as a birthmark.
Child pornography contains sexually explicit visual material, which can
be in the form of photographs, videos, digital images, and other mediums.
Storing images on your computer or viewing them on the Internet could
lead to a child pornography charge as well. "Sexually explicit"
is defined as either actual or simulated sexual intercourse, bestiality,
nudity involving genitalia, or sexual conduct.
You need a Richmond criminal lawyer on your side.
Call our firm today!
What are the penalties associated with child pornography?
Virginia punishes anyone convicted of child pornography severely, as detailed
in the Code of Virginia § 18.2-374. The age of the victim as well
as the age of the prosecuted plays a role in sentencing.
If the subject of the child pornography is less than 15 years of age:
- The punishment is 5 to 30 years of imprisonment.
- If the guilty person is more than 7 or more years older than the child,
the 5 years is a mandatory sentence — meaning there is no chance
of an early release.
- A second conviction is punishable by 15 to 40 years imprisonment with 15
years being mandatory.
If the child is between 15 and 18 years of age:
- The punishment is 1 to 20 years in prison.
- If the guilty person is 7+ years older, the punishment is 3 to 30 years
- A second conviction carries a penalty of 10 to 30 years in prison with
10 being mandatory
Child Pornography & Federal Charges
Child pornography can also be punished at the federal level. Government
agencies that pursue child pornography arrests and convictions include
the Federal Bureau of Investigation (FBI), the United States Attorney
General, the Department of Justice, and even the U.S. Postal Service.
The prison terms at the federal level are along the same lines as Virginia's.
They start at 5 years and can go up to 40 years. Any child pornography
that crosses state lines — including via the Internet — may
be charged in federal court. Having a
Richmond sex crime attorney help can be crucial to your future.
75 Years' Experience Between Our Richmond Criminal Attorneys
You can rely on our professionals at Carlson & Collier to fight for
you and to advance your interests. With former prosecutorial experience
and a community reputation for successful representation, we are proud
of our ability to stand up for our clients and to preserve their rights.
If you or someone you love has been accused of child pornography, contact
Carlson & Collier now for a
complimentary telephone consultation.