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Child Pornography Virginia Knowledge Possession Material Lawyers York County

Child Pornography Virginia Knowledge Possession Material Lawyers York County

Commonwealth v. Victor
Facts:

Defendant was charged with four counts of knowingly possessing sexually explicit visual material which utilized or had as a subject a person less than 18 years of age, in violation of former Va. Code Ann. § 18.2-374.1:1. Trial was to the court.

Child Pornography Virginia Knowledge Possession Material Lawyers York County

Child Pornography Virginia Knowledge Possession Material Lawyers

Issue:
  • Whether the defendant knowingly possessed sexually explicit visual material?
Discussions:

Defendant’s landlord called police after he saw an image of a partially clad young girl on defendant’s computer’s screen saver. He also found numerous computer printouts of stories involving sexual activity by juveniles. A police officer testified that he found three sexually explicit visual images, involving juveniles, in the temporary Internet file of defendant’s computer cache. Defendant argued he could not be convicted of knowingly possessing these images, as they could have appeared on his computer screen as “pop-ups” from a website other than one he intentionally accessed, and because none of those images were “manually” downloaded into the computer. The court disagreed. The issue was whether he “reached out for and controlled” the images at issue. His Internet searches, which included the terms “Lolitas,” (commonly used in the search for child pornography), “pedophelia,” and “pre-teen pictures,” along with his knowing possession of another child pornography image that had to be manually downloaded, showed that he reached out for these images with the intent to control and have dominion over them.

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.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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