Q0ufw7a1 Qtcuni Ncav Fblg0kw

Arlington Possession of Child Pornography Virginia Lawyer

In Virginia, possession of child pornography is a criminal offense under Va. Code Ann. § 18.2-374.1:1 and is punishable as a Class 6 felony.

Below is a sample case of possession of child porn in Virginia as interpreted by a lawyer in our firm.

Arlington Possession of Child Pornography Virginia Lawyer

Have you been charged with possession of child porn in Virginia and need a lawyer to defend your child porn case in Virginia?

Are you concerned about the consequences of being charged with possession of child pornography in Virginia?

Under Va. Code Ann. § 18.2-374.1:1,

“A. Any person who knowingly possesses child pornography is guilty of a Class 6 felony.

  1. Any person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony….”

For a lot of our clients, possession of child pornography can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with possession of child pornography in Virginia.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Arlington Possession of Child Pornography Virginia Lawyer
Arlington Possession of Child Pornography Virginia Lawyer

Rodriguez v. Commonwealth

Facts:

A jury in Arlington convicted defendant of one count of possession of child pornography and nine counts of possession of child pornography, second or subsequent offense. The appellate court affirmed. Va. Code Ann. § 18.2-374.1(A), which defined “child pornography,” did not require that each conviction be supported by three separate images containing child pornography. Therefore, the trial court did not err in refusing to strike four of the charges of possession of child pornography. In addition, the trial court did not abuse its discretion in refusing defendant’s proffered jury instruction. The Commonwealth’s introduction of 20 examples of child pornography, which were found in the temporary Internet cache of defendant’s computer, was certainly sufficient to prove 10 counts of possession of child pornography. And, in contrast to defendant’s misleading and rather unwieldy proposed instruction, the trial court gave the jury a simple, impartial, clear, concise statement of the law.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • The General Assembly’s paramount legislative goal in enacting Va. Code Ann. § 18.2-374.1 “was to protect children from the harm they suffer when they are induced to become models in sexually explicit materials. In furtherance of this legislative intent, § 18.2-374.1(A) provides that possession of a photograph (as well as a picture, a drawing, a motion picture film, or a digital image, among other items), when containing sexually explicit material involving an identifiable minor, can fully support a conviction for possession of child pornography. Thus, the Virginia legislature has demonstrated its clear intent that possession of a single photograph could constitute an offense under § 18.2-374.1 and that multiple punishments would result from multiple violations of the statute. It is completely inconsistent with this clear legislative intent to suggest that the General Assembly amended § 18.2-374.1(A) in 2007 to address the pervasive dissemination of child pornography by computer and over the Internet by potentially reducing the culpability of those persons whose computers store images or streaming videos of child pornography in the temporary Internet cache.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Arlington Possession of Child Pornography Virginia Lawyer

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.