Virginia Beach Child Pornography Attorney
Seek Representation from Our Virginia Beach Criminal Lawyer
Child pornography is a serious criminal offense which can be charged in
either state or federal court. Not only do guilty individuals face lengthy
prison or county jail sentences and expensive fines, but they are required
to register as a sex offender which can permanently damage their reputation.
If you have been arrested for child pornography in Virginia, it’s
imperative to hire an experienced and reliable criminal defense attorney.
At the Law Offices of Daniel J. Miller, we can help you avoid these penalties
by providing extensive legal guidance and relentless representation.
Child Pornography Penalties
Possession of child pornography consists of knowingly owning or having any sexually explicit material
of a person less than 18 years of age. This crime is considered a Class
6 felony for a first time offender, punishable by a prison sentence between
one and five years, or a maximum jail sentence of 12 months which includes
a fine of up to $2,500. A second or subsequent conviction is a Class 5
felony, punishable by a prison sentence between one to ten years, or a
maximum jail sentence of 12 months and a fine of $2,500.
However, if the material in possession was mailed, shipped or transported
across state lines or international borders, the offense may be charged
in federal court. The federal penalty is a maximum prison term of 10 years.
If the minor depicted in the material is found to be younger than 12 years
old, then the maximum prison sentence increases to 20 years.
Distribution of child pornography is defined as knowingly selling, copying, reproducing, giving away and
electronically transmitting child pornography. A child pornography distribution
conviction is punishable by a prison sentence between five and 20 years.
A second or subsequent conviction carries the same sentence; however,
defendant must serve a minimum five years in prison.
Any individual who knowingly and intentionally operates an internet website
in order to facilitate payment for access to child pornography can be
charged with a Class 4 felony, which is punishable by a prison sentence
between two to ten years and a fine of up to $100,000.
Production of child pornography is soliciting or enticing a minor to be the subject of child porn, producing
or preparing to produce child pornography, knowingly participating in
the production of child pornography, financing child pornography or attempting
to finance child pornography. Production is the most serious offense of
all child pornography crimes. If the victim is over 15 years of age, a
defendant can be punished by a prison sentence between five to 30 years.
If the defendant is at least seven years older than the subject of the
child pornography, that person will face a prison sentence between five
and 30 years, with a mandatory minimum prison term of five years. A second
or subsequent conviction is punishable by a prison sentence between 15
and 40 years, with a mandatory minimum prison term of 15 years.
If the subject of the child pornography is at least 15 years old, but less
than 18, the defendant shall be punished by a prison sentence between
one and 20 years. However, if the defendant is at least seven years older
than the subject of the child pornography, that person can be punished
by a prison term between three and 30 years, with a mandatory minimum
prison term of three years. A second or subsequent conviction can be punished
by a prison term between 10 and 30 years, with a mandatory minimum prison
term of 10 years.
Let Us Fight For You
sex crimes are utterly frowned upon in society, law enforcement and prosecution will
do their best to make sure the maximum punishments are enforced. With
nearly 20 years of legal experience, we have a thorough understanding
of Virginia and federal laws and court proceedings regarding your case.
We can conduct our own comprehensive investigation and analyze the evidence
gathered by law enforcement in order to develop a solid defense strategy
to protect your rights, reputation and freedom.
Contact us to schedule your complimentary consultation today.