Richmond, VA Child Pornography Lawyer

False allegation of child pornography is defined under Virginia law as the sexually explicit depiction of a child under the age of 18. Any actions involving child pornography, such as the possession, manufacture, distribution, facilitation, or solicitation of this material, are highly criminalized under state and federal law. Possession of child pornography alone is classified as a class 6 felony in the state, indicating prison time, fines, and sex offender registration.

As child pornography crimes are treated with the utmost seriousness by the courts, it is critical to work with an experienced criminal defense lawyer who has a strong track record of success with cases similar to yours. A child pornography attorney can provide you with invaluable legal defense if you are facing false charges. They can take steps to challenge evidence and the legal processes, negotiate with prosecutors, and advocate for you in court.

The dedicated legal team at Johnson/Citronberg has a strong track record of successfully helping clients facing child pornography charges fight back. Key defense strategies we can help you employ to push for a favorable case outcome include the following:

• Third-party device access. Claiming that another person had access to your phone, computer, or other digital device and downloaded or shared the child pornography content could be a valid defense strategy. This defense is commonly leveraged in situations that involve multiple people having access to one device, such as in a public setting or workplace. This defense strategy implies the defendant cannot be held responsible.
• Computer malware or hacking. It is not uncommon for child pornography files to be placed on an individual’s digital device through manners such as hacking, viruses, or malware. Cybercriminals commonly find ways to place illegal content on a device without the owner knowing or consenting. A digital forensic expert can help prove this by analyzing and presenting digital evidence of unauthorized access and manipulation.
• Lack of intent. A common defense against child pornography charges involves stating the individual did not access the content or possess it on purpose. As digital files can be easily accessed or downloaded through falsely advertised links, automatic downloads, or pop-ups, individuals may commonly be implicated in child pornography crimes that they did not intend to commit.
• Lack of evidence. The prosecution will need to prove beyond a reasonable doubt that a defendant intentionally possessed, produced, or distributed child pornography to get a conviction. Therefore, in some cases, the evidence brought forward by the prosecution may not be enough to justify a conviction. A skilled defense lawyer can thoroughly analyze the prosecution’s evidence and highlight any inconsistencies or gaps.

Further defense strategies that can be leveraged include proving entrapment by law enforcement or proving the defendant’s constitutional rights were violated during various legal processes, such as the investigation process or search and seizure. A lawyer from Johnson/Citronberg can leverage our network of highly skilled professionals and intricate defense strategies to help you win your case.

What Is Section 18.2-374.1:1 of the Virginia Code?

Section 18.2-374.1:1 of the Virginia Code explicitly criminalizes the facilitation, distribution, solicitation, reproduction, or possession of child pornography material. Individuals who knowingly possess, manufacture, share, or solicit child pornography can face severe penalties under this law. Repeat offenses can lead to harsher penalties, with many offenses outlined in this section involving mandatory minimum prison sentences.

How Does Virginia Define Child Pornography?

In Virginia, child pornography is defined as visual material of an explicitly sexual nature that shows a person under the age of 18 engaging in sexual conduct. Under this state law, content featuring an individual who appears to be under the age of 18 may still be considered child pornography, even if the person is not a minor. Even if their age cannot be confirmed, law enforcement officials or judges can make the inference based on appearance, the text, or the title.

What Is Sexually Explicit Material According to Virginia Child Pornography Laws?

Sexually explicit material is defined by Virginia law as any visual depiction, such as videos, drawings, digital photos, and physical photographs, that feature nudity, lewd depictions, or sexual behavior involving people under the age of 18. Sexually explicit material also extends to film that has not yet been developed and digital files located on computers or other devices. Under Virginia law, this material is subject to lawful search and seizure by law enforcement.

What Are the Penalties for Virginia Child Pornography Crimes?

The penalties for child pornography crimes in Virginia are severe, with differing penalties based on the nature of the offense and the offender’s criminal history. Possession of child pornography alone is classified as a class 6 felony, which can lead to a prison sentence of one to five years. Some offenses that involve children under the age of 15 can lead to prison sentences of up to 40 years if the violation is a repeat offense. In Richmond, VA, mandatory sex offender registration is also required.

As the rules and regulations surrounding child pornography crimes are highly complex, and potential penalties can be devastating, it is critical to have a diligent and skilled child pornography lawyer on your side. A knowledgeable Richmond, VA, child pornography lawyer from Johnson/Citronberg is ready to fight for your rights. Contact us today to get started discussing your case so we can analyze the prosecution’s argument and begin building your defense.