DEFENSE OF POSSESSION OF CHILD PORNOGRAPHY
SEX CRIMES ATTORNEYS
Prosecution of possession of child pornography is at an all time high. Possession of child pornography is at a minimum a class 6 felony. A 2nd or subsequent conviction for possession of child pornography in Is a class 5 felony. If you have been charged with possession of child pornography, contact the sex crimes defense attorneys of SRIS, P.C. One of our sex crimes lawyers will advise you as to your options and let you know how we can best assist you.
Penal Code § 18.2-374.1:1. 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.
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