Virginia Beach Child Pornography Lawyer

Under Virginia law, child pornography is defined as sexually explicit visual material of a minor. Child porn content can include photos, videos, drawings, digital depictions, and other representations of minors depicted in a lewd manner or engaging in sexual activity. Even if the age of the person cannot be confirmed, law enforcement officials and judges can make inferences, leading to charges, often including cases of false allegations.

Crimes related to child pornography in the state of Virginia include the distribution, possession, production, solicitation, and facilitation of sexually explicit content involving minors. These crimes are severely investigated, prosecuted, and penalized to discourage harmful acts against children. Individuals charged with child pornography crimes can face penalties such as lengthy prison sentences, fines, and mandatory registration as a sex offender.

If you are facing serious child pornography charges for possession, distribution, manufacturing, or facilitation of child pornography in the state of Virginia, you may be feeling completely overwhelmed and lost, uncertain of what you should do next. An experienced Virginia Beach child pornography lawyer can provide critical legal guidance, helping you build and implement a strong criminal defense to fight back against your charges. Specifically, they can assist you in the following ways:

• Protecting your rights. An experienced lawyer can analyze the charges you’re facing, in addition to the general circumstances surrounding your case, and develop an understanding to let you know what your options are. They can help you understand your rights during questioning so you don’t take actions that could lead to self-incrimination. From the very start of the investigation, they can fight to ensure your rights are protected.
• Reviewing the prosecution’s case. A skilled attorney can analyze the evidence being brought against you by the prosecution to determine whether there are inconsistencies or errors. For example, if evidence shows that the files were unintentionally stored, they can immediately start challenging that piece of evidence.
• Questioning the validity of evidence. An attorney can work closely with industry leaders, such as digital forensic experts, to carry out an in-depth analysis of the digital evidence associated with your case. For example, they can work to prove that files were downloaded onto your computer by malware, a hacker, or a third party.
• Building a robust defense strategy. An attorney can help you leverage critical defense strategies against your charges, such as third-party access, lack of knowledge, computer malware or hacking, or entrapment by law enforcement.
• Negotiating and litigating on your behalf. Depending on your case details, it may be in your interest to negotiate with prosecutors, especially if the evidence against you is weak. In addition to engaging in plea negotiations, a skilled attorney can represent you in court. They can bring forward strong legal arguments, cross-examine witnesses, and argue whether any constitutional violations occurred during your case.

From ensuring your rights are protected during questioning and investigation to advocating staunchly on your behalf in the courtroom, a Virginia Beach child pornography lawyer from Johnson/Citronberg can help you navigate the complex and overwhelming criminal defense process.

What Does “Inference of Age” Mean in Virginia Child Pornography Laws?

In Virginia, inference of age gives the courts and law enforcement officers the agency to make presumptions that an individual displayed in sexually explicit material is under the age of 18 based on appearance, the text, or the title. This presumption can be made even if the actual age is unknown. Therefore, an individual can be charged with child pornography crimes if the person in the content appears to be under the age of 18.

What Is Section 18.2-374.1 of the Code of Virginia?

Under Section 18.2-374.1 of the Virginia Code, it is against the law to produce, publish, sell, or finance sexually explicit content featuring minors. This section lays out certain behaviors that constitute child pornography offenses in the state, such as soliciting, producing, or distributing child pornography. Under this law, child pornography crimes are severely punished, with crimes involving children under the age of 15 having some of the harshest penalties.

How Does Virginia Child Pornography Law Define Sexually Explicit Visual Material?

Under Virginia child pornography laws, sexually explicit visual material is defined as any medium that shows a person under the age of 18 carrying out sexually explicit behavior. Such content can include photographs, images, drawings, videos, or digital representations, which can be stored in a digital manner or physically. Even undeveloped photographs that feature sexually explicit images of minors can be considered child pornography content.

Is Child Pornography Subject to Search and Seizure in Virginia?

In Virginia, child pornography is subject to lawful search and seizure. This means law enforcement officials have the authority to seize any child pornography content found during the investigation process, with these materials being subject to forfeiture under Section 19.2-386.31 of the Virginia Code. This ensures that this content is taken out of circulation, working to prevent harm and reduce such illegal activity.

If you are facing charges in Virginia Beach or surrounding areas, it is critical to work with a skilled and experienced legal representative who can help you mount a strong defense against the prosecution. A Virginia Beach child pornography lawyer from Johnson/Citronberg is here to help you understand the charges you’re facing and what to expect in the upcoming legal process. Together, we can successfully navigate the criminal defense process. Contact us today.