Arlington Child Pornography Lawyer

Knowingly possessing child pornography is a Class 6 felony under Virginia Code § 18.2-374.1:1, with those found guilty facing up to five years in prison. Second-time or repeat offenders could be facing a Class 5 felony with even more stringent punishments.

Charges for distributing or reproducing child pornography are more severe, with Virginia law requiring a prison sentence ranging from at least 5 to 20 years for such offenses. In repeat offense cases, a mandatory minimum sentence of five years is assigned.

Federal laws surrounding child pornography offenses include 18 U.S.C. § 2252 (distribution and possession), 18 U.S.C. § 2251 (production), and 18 U.S.C. § 2252A (material containing child pornography). These come with much stricter penalties, with federal convictions for productions leading to a penalty ranging from 15 to 30 years in prison. Distribution or possession crimes can come with 5 to 20 years in prison. Because digital evidence plays a key role in these cases, analyzing file metadata and access logs can be essential in building a strong defense.

As laws and regulations surrounding child pornography are so stringent and can cause devastating, life-altering penalties, it is crucial to work with experienced and knowledgeable criminal defense attorneys who can protect your rights and interests.

An Arlington child pornography defense lawyer from our firm may help you leverage one of the following common defenses:

• Arguing unauthorized access. An attorney can work with digital forensic evidence to prove that malware or hackers placed the illicit material on your computer or device.
• Demonstrating a lack of knowledge. We can bring forward strong evidence, such as metadata and communication logs, to show that you were not aware that the illegal files were located on your device.
• Proving lack of evidence. In order to be convicted of a child pornography-related crime, the prosecution needs to prove beyond a reasonable doubt that you distributed or possessed legal material on purpose. We can work to prove otherwise.
• Showing unlawful law enforcement conduct. If your constitutional rights were breached by law enforcement, a skilled attorney from our team can work to get associated evidence suppressed.

Are There Defenses Against a Child Pornography Charge in Virginia?

Yes, possible defenses against child pornography charges in Virginia include arguing that you were unaware the content was on your device, showing that your Fourth Amendment rights were breached, arguing that law enforcement induced you to cause the crime, and proving mistaken or false allegations. A common defense also involves showing that someone planted files on your computer or mobile device or that it had malware on it. A thorough forensic analysis can help uncover whether the files were unknowingly downloaded or accessed by someone else.

Can I Be Charged If the Person in the Image Was Over 18 but Looked Younger?

Under Virginia law § 18.2-374.1:1(F), a person who is depicted in sexually explicit material that looks as if they are under the age of 18 is to be considered legally a minor based on inference. It is possible, however, to challenge these assumptions by bringing forward virtual forensic evidence or having expert testimony present your side of the story. An experienced criminal defense lawyer can help you understand your options for defense.

Where Will My Case Be Prosecuted in Virginia?

The location where your case will be prosecuted in Virginia is dependent on various factors, such as the location of your residence, the jurisdiction where the alleged offense happened, and where the material in question was either received, stored, or shared. By working with a detail-oriented criminal defense attorney, you can understand the specific details of your criminal defense process, including where your case may be tried.

What Happens If I Was Running a Website Involved in Child Pornography?

If you have been accused of running a website that involves child pornography content, you could be facing a Class 4 felony under Virginia law. These crimes come with significant criminal penalties, including long periods of incarceration and forfeiture of any assets earned through payment for access to child pornography on your site. It is critical to contact a skilled criminal defense attorney who can help you minimize your charges and penalties.

Can Law Enforcement Seize My Devices?

Yes, under § 19.2-386.31 of the Virginia Code, any device that is said to have child pornography content on it can be subject to the seizure and forfeiture process. A knowledgeable criminal defense attorney can help you understand whether the evidence involved in your case was seized according to protocol or if your Fourth Amendment rights were breached. They can also help you leverage other criminal defense strategies associated with the device, such as proving that it wasn’t yours.

If you are facing child pornography charges, you do not have to face the situation alone. A dedicated Arlington, VA child pornography lawyer from Johnson/Citronberg is here for you during this challenging time to understand your side of the story, address any immediate concerns you may have, and help you start building up a robust defense. Schedule a free consultation with one of our attorneys today to start discussing your case.