Virginia Child Porn Laws Penalty Possess Receipt Distribution Federal & State
Virginia Child Porn Laws Penalty Possess Receipt Distribution Federal & State
Virginia Child Porn Laws & Penalty
The primary Virginia child porn law is 18.2-374.1:1. The Federal child porn laws used primarily to prosecute defendants in Virginia are 18 U.S.C. 2256 & 18 U.S.C 1466A. The Virginia child porn laws are very strict. The penalty for violating the child porn laws in Virginia can result in very lengthy jail sentences. It is critical to have a skilled and experienced Virginia child porn defense attorney if you are being charged with possession, receipt or distribution of child pornography in Virginia.
The primary Virginia Child Pornography Law is 18.2-374.1:1 states: Possession of child pornography; penalty.
A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.
Under federal law (18 U.S.C. 2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where
the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
Federal law (18 U.S.C. 1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that
depicts a minor engaging in sexually explicit conduct and is obscene, or
depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.
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