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.

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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 behind bars.
  • 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.

Richmond Criminal Defense Lawyer

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Richmond Criminal Defense Lawyer
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.