Possession of Child Pornography In Virginia – Identifying the Identifiable Minor

According to Virginia Law, a person can be convicted of Possession of Child Pornography if it is proven beyond a reasonable doubt that they knowingly possessed child pornography. According to the Virginia Code, “child pornography” means sexually explicit visual material which utilizes or has as a subject an identifiable minor.

The law on this subject is extremely convoluted and confusing. For instance, the child pornography definition requires that the prohibited material utilize an “identifiable minor,” however the same law states that the legal definition “shall not be construed to require proof of the actual identity of the identifiable minor,” This confusion is compounded as the law mentions that the subject minor can be “recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.” This one small part of the law on child pornography is fertile ground for legal argument. A lawyer competent to handle these cases must be well versed in every aspect and nuance of the law.

Possession of Child Pornography In Virginia - Identifying the Identifiable Minor

Possession of Child Pornography In Virginia – Identifying the Identifiable Minor

Convictions for child pornography violations carry draconian penalties and a single event can result in multiple charges. Just viewing an image often involves downloading the image to the computer through a file sharing program which could result in a charge of distribution of child pornography. A person can be convicted of both possession and distribution of child pornography just for looking at a single picture on the internet.

If you, or someone you know, has been charged with possession of child pornography in Virginia and are concerned about the consequences, you need to talk to a lawyer who has experience in this field. If you even think you may be charged with any such offense, you should seek the assistance of counsel at first opportunity. Contact our law firm for help and speak with one of our lawyers.

We have client meeting locations in Fairfax, Prince William, Loudoun, Richmond, Virginia Beach, Fredericksburg, and Lynchburg. We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with these matters.

Article contributed by Bryan Block
Sris Law Group


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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