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Production Publication Sale Possession Virginia Intent to Distribute Sexually Explicit Items Involving Children

Defense of Production, Publication Sale or Possession With Intent to Distribute Sexually Explicit Items Involving Children

SEX CRIME ATTORNEYS

The production, publication, sale, possession with intent to distribute sexually explicit item involving children is prohibited.

Penal Code § 18.2-374.1. Production, publication, sale, possession with intent to distribute, financing, etc., of sexually explicit items involving children; presumption as to age; severability

A. For the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term “sexually explicit visual material” means a picture, photograph, drawing, sculpture, motion picture film, digital image or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in§ 18.2-390, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in§ 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.

B. A person shall be guilty of a Class 5 felony who:
1. Accosts, entices or solicits a person less than eighteen years of age with intent to induce or force such person to perform in or be a subject of sexually explicit visual material; or
2. Produces or makes or attempts or prepares to produce or make sexually explicit visual material which utilizes or has as a subject a person less than eighteen years of age; or
3. Who knowingly takes part in or participates in the filming, photographing or other reproduction of sexually explicit visual material by any means, including but not limited to computer-generated reproduction, which utilizes or has as a subject a person less than eighteen years of age; or
4. Sells, gives away, distributes, electronically transmits, displays with lascivious intent, purchases, or possesses with intent to sell, give away, distribute, transmit or display with lascivious intent sexually explicit visual material which utilizes or has as a subject a person less than eighteen years of age.
5. [Repealed.]
B1. [Repealed.]
C. A person shall be guilty of a Class 4 felony who knowingly finances or attempts or prepares to finance sexually explicit visual material which utilizes or has as a subject a person less than eighteen years of age.
D. For the purposes of this section a person who is depicted as or presents the appearance of being less than eighteen years of age in sexually explicit visual material is prima facie presumed to be less than eighteen years of age.
E. The provisions of this section shall be severable and, if any of its provisions shall be held unconstitutional by a court of competent jurisdiction, then the decision of such court shall not affect or impair any of the remaining provisions.

If you have been charged with production, publication, sale or distribution of child pornography images in the Commonwealth you are facing very serious charges.  It is critical to contact a lawyer immediately.  If you think you man charged with this type of an offense, then immediately get a lawyer.

Penal Code § 18.2-374.1. Production, publication, sale, possession with intent to distribute, financing, etc., of sexually explicit items involving children; presumption as to age; severability is a very serious charge in Virginia and do not take it lightly.  The first time law enforcement shows up at your door and wants to talk to you, exercise your constitutional right and decline the request politely.  Next, get immediately on the phone and hire someone who knows what they are doing.

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