Richmond Child Pornography Penalties
The possession of child pornography is a serious offense with even more serious consequences. Richmond child pornography penalties can greatly affect someone’s personal and professional life. The person will have to register for the Sex Offender Registry, which carries a great social stigma, and prevents the individual from living in certain areas and working in certain professions. Due to the severity of these consequences, it is important for individuals charged with child pornography offenses to work with an experienced child pornography lawyer that could attempt to mitigate these penalties and build a solid offense for them.
Possible Penalties For a Conviction
Richmond child pornography penalties can be quite severe. Simply possessing child pornography is going to be a Class 6 felony that carries anywhere up to five years in jail and a fine of $2,500. A second or subsequent offense of possessing child pornography bumps it up to a Class 5 felony, which can carry up to 10 years in jail and a fine of $2,500.
What if Someone Received Child Pornography By Mistake?
Legally if someone received child pornography by mistake or they unintentionally possessed the child pornography, then they should be barred from prosecution. The issue is getting a jury, judge, police officer, and Commonwealth attorney to believe that it was unintentional. To believe that it was a mistake is where one is going to have to put the work in as the law reads and the code is designed to operate.
If the person does not know there was an accident, depending on the accident, then they cannot be convicted of possessing child porn. It also depends on the accident. For example, if someone is in possession of child pornography or if somebody hands them their cell phone, then, attorneys can go to court and fight it. It is something that, legally and practically, makes sense.
What if the Individuals in the Pornography Look Young But Are of Legal Age?
If someone has a computer full of pornography featuring young-looking people, then they can make the argument that they thought that the actors in the film were of age. If this individual knows that they have this sickness where they want to see minors engaged in sexual activity, and they look at pornography involving individuals who are of the age of majority who just look like minors to avoid breaking the law, that is different.
In that situation, while legally they should be fine if they are trying to find adults that look like minors because it is not against the law. However, practically speaking, it is going to be a hard sell on a jury, because the jury is not going to care. A judge may probably have a lot more luck in that type of situation. One has to play it both ways. The law is the law and attorneys understand the law, but at the same time, they have to know who their audience is and who they are going to be arguing the case to and operate within those parameters.
Sexting as a Child Pornography Offense
Any circumstance in which an individual has nude pictures on their phone of an individual under the age of majority, one can find them dealing with a child pornography case.
Generally, if two minors were sending pictures back and forth, the city is not charging them. It is not something that the police are normally looking out for. If they do find it, then the minor may have to go through a diversion program, a lesson on not sexting, why it is something people should not do, and why it is not smart to do with it a young person.
Long-Term Implications of Conviction
The major long-term implication of a child pornography conviction is going to be that registration. There is nothing worse than having to register as a sex offender and the proceedings are public. A person’s record is not something that is easily attainable. Essentially from that moment that they are convicted of possessing child pornography, the person is going to wear that scarlet letter of a sex offender and of a child sex offender. The person is going to have that stigma with them on top of having to go through probation, treatment, et cetera. Those are all going to be long-term implications of a child pornography conviction and Richmond child pornography convictions. That is why it is important for individuals to reach out to an attorney as soon as possible. An experienced child pornography could attempt to achieve the best possible outcome for an individual.
