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Child Pornography Virginia Possession Punishment Knowledge Lawyers Bedford City

Child Pornography Virginia Possession Punishment Knowledge Lawyers Bedford City

Commonwealth v. Bennett
Facts:

The Circuit Court of the City of Bedford (Virginia) convicted defendant on twenty-four counts of possession of child pornography, in violation of Va. Code Ann. § 18.2-374.1:1 and sentenced him to twenty-four months in prison. Defendant appealed.

Child Pornography Virginia Possession Punishment Knowledge Lawyers Bedford City

Child Pornography Virginia Possession Punishment Knowledge Lawyers

Issue:
  • Whether defendant can be was found guilty of possessing pornographic materials?
Discussions:

Defendant challenged his convictions, contending that his prosecution violated his constitutional right to be free from ex post facto punishment. The appeals court disagreed. Defendant contended that the material he was found guilty of possessing was either created or last accessed in December 2000, at a time when possession of child pornography was a Class 1 misdemeanor. But, he was indicted for possession of child pornography on September 9, 2003, two months after possession of child pornography became a felony under Va. Code Ann. § 18.2-374.1:1. Second, the Commonwealth met its burden of establishing that on September 9, 2003, defendant was aware of and knowingly possessed child pornographic materials on his computer and accessories, and this finding was earlier affirmed. The mere fact that some of defendant’s acts proving his possession in September, 2003 occurred before the change in the law did not preclude application of the new law. The trial court found that defendant continued to possess the child pornographic images at the time of his arrest, notwithstanding the date the images were originally downloaded.

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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