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Child Pornography Lee Virginia Image Possession Minor Delinquency Lawyer

Child Pornography Lee Virginia Image Possession Minor Delinquency Lawyer

Commonwealth v. Philip
Facts:

Defendant was charged with the felonious possession of child pornography, in violation of Va. Code Ann. § 18.2-374.1:1. The Commonwealth contended that defendant possessed a photograph image of a student under the age of 18 years on his cell phone and on his computer. A single photograph was tendered to the court and made a part of the record under seal. Defendant moved to dismiss.

Child Pornography Lee Virginia Image Possession Minor Delinquency Lawyer

Child Pornography Lee Virginia Image Possession Minor Delinquency Lawyer

Issue:
  • Whether defendant possessed a photograph image of a student under the age of 18?
Discussions:

The photograph depicted a female from the top of the breasts to mid thigh. The arms of the female are clasped across the breasts, exposing a small portion of the areola of one and possibly two breasts. Due to the grainy nature of the photograph it was unclear whether one nipple was visible. She may have beneath her upper torso an article of clothing that may have been raised to expose a portion of the breast. Otherwise the female form was sufficiently clad to completely cover the pubic area.

The evidence failed to support a finding that the offending material satisfied the element of a sexually explicit showing of a lewd exhibition of nudity required under Va. Code Ann. § 18.2-374.1. As a matter of law, the photograph did not meet the requirements established by the Virginia appellate courts for child pornography. Defendant was also charged with two counts of contributing to the delinquency of a minor because it was alleged that defendant caused a student to transmit the photograph to his cell phone and to his computer. Those two charges were dependent upon a finding that the photograph constituted child pornography.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case.

A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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