Charles City Child Pornography Lawyer
It is illegal to possess child pornography in Charles City. Other actions associated with child pornography, such as reproducing or giving away images, may be penalized even more severely than possession. If you have been charged with any actions in connection with child pornography, you should give serious consideration to your defense.
Working with a Charles City child pornography lawyer as soon as possible could help you mount the strongest defense to the charges. A criminal defense lawyer who understands how local courts prosecute child pornography cases could protect your rights and help avoid mistakes that could further complicate your case.
Definition of Child Pornography in Charles City
Before discussing offenses connected with child pornography, it is helpful to understand exactly what the law considers to be child pornography. Va. Code Ann. §18.2-374.1 defines child pornography as visual material that is sexually explicit, depicts or uses a minor as a subject, and the minor who is subject of the image is identifiable.
The requirement that a minor be identifiable does not mean that the prosecution must prove the identity of the minor; it only requires the depiction to show an actual person with distinguishing characteristics. A Charles City child pornography lawyer may be able to show that an image at issue is entirely fanciful and does not depict an actual person.
Material is considered “sexually explicit” under the statute if it shows a “lewd” exhibition of nudity, sexual excitement, sexual conduct, sadomasochistic abuse, or sexual bestiality. The visual image involved may be photographs, videos, drawings or other images stored in a variety of means.
Penalties for Actions Connected with Child Pornography
The greater the involvement an individual is perceived to have with child pornography, the more serious the offense and the greater the potential penalties.
Possession
A person who knowingly possesses child pornography may be convicted of a Class 6 felony under Va. Code Ann. §18.2-374.1:1. This offense may be penalized as a misdemeanor at the discretion of the court. A person convicted of this offense may be required to pay a fine of up to $2,500 and be sentenced to up to 12 months in jail.
If the offense is treated as a felony, the maximum sentence increases to five years, and subsequent offenses can double this maximum sentence. A Charles City child pornography lawyer may also be able to demonstrate that the person charged did not realize the nature of the material in their possession.
Reproduction and Distribution
Activities such as transmitting, displaying, reproducing, or otherwise distributing child pornography are punishable by a minimum sentence of five years in prison with a maximum sentence of 20 years. Commanding or attempting to persuade someone to send child pornography to gain entry in a trading group is punishable to the same degree.
Producing or Selling Child Pornography
Operating a website with paid access to child pornography is a Class 4 felony punishable by a sentence from 2-10 years and a fine of up to $100,000. Activities connected with the production of child pornography are penalized more severely if the subject of the image is less than 15 years old. In such cases, the maximum penalty is 30 years in prison. If the subject is at least 15-years-old, the maximum sentence is 20 years of imprisonment.
Contact a Charles City Child Pornography Attorney
Those convicted of child pornography offenses may be required to register as sex offenders. The stigma created by a criminal record and sex offender registration can make it nearly impossible to live a comfortable life.
If you are facing allegations involving child pornography, it is wise to act quickly to build the best possible defense. A Charles City child pornography lawyer could work to protect your rights and your future. For a free consultation to learn more about how a dedicated defense attorney could help in your situation, call today.
