Virginia Child Pornography Lawyer Richmond Offensive Images
Virginia Child Pornography Lawyer Richmond Offensive Images
James v. Commonwealth
Facts:
Police while responding to a fire found chemicals and explosives. Appellant responded that he “was making pyrotechnic devices, rockets and other pyrotechnic type devices.” He gave written consent for police to search the residence and also consented to a search of the computer. The computer contained information concerning child pornography and so the officer obtained a second search warrant before examining the computer further. The pictures were located in a file-sharing program called “M.” The default setting for M is to share files with other users via the Internet, although this computer’s setting had been manipulated not to share files and there was no way to tell who downloaded the pictures or who used the computer at any given time. Officer testified that the “systems registry” showed “X” was a registered owner of the Windows XP software.
Virginia Child Pornography Lawyer Richmond
The officer testified that there is no evidence to suggest that anyone other than appellant used the computer. Another application on the computer showed a user name of “Y.” The computer was not password protected, and anyone could have access to it. Following a bench trial, the Circuit Court of the City of Richmond (Virginia) convicted defendant of 15 counts of misdemeanor possession of child pornography in violation of Va. Code Ann. § 18.2-374.1:1. Defendant appealed.
Issue:
- Whether the evidence at trial was sufficient to convict defendant of possession of child pornography?
Discussion:
In order to convict a person of possession of child pornography, the Commonwealth must prove beyond a reasonable doubt that the individual “knowingly possessed sexually explicit visual material utilizing or having as a subject a person less than 18 years. This court held that evidence at trial was sufficient to convict defendant of possession of child pornography. It was clear that someone had “sought out” child pornography. It was clear that someone “acquired” the offensive images and brought them into appellant’s home from “cyberspace.” The appellant had exclusive control of the residence.
The computer was seized from a residence to which appellant had a key and he only had given consent to search the residence, and he admitted ownership of certain pyrotechnics found on the premises. Further “the registration on the computer tied to his name,” along with appellant’s name being associated with the computer during the time when the computer made one hundred “hits” on child pornography. Most importantly, the computer had “quick desktop access” to the folder containing the images. Using a totality of the circumstances approach, the court found the evidence sufficient to show appellant had control of the residence and the computer. This court hence affirmed the judgment of the trial court which convicted defendant of 15 counts of misdemeanor possession of child pornography in violation of Va. Code Ann. § 18.2-374.1:1.
A Virginia child pornography charge is a very serious crime. The SRIS Law Group Virginia child pornography defense lawyers can defend you against any type of child pornography charge in Virginia. Our Virginia law firm has handled numerous cases of child pornography in Virginia starting from simple possession all the way to distribution of child pornography. Our firm has the experience to defend you in any part of Virginia against any allegation of child pornography in Virginia.
Contact a SRIS Law Group Virginia lawyer today if you have been charged with child pornography in Virginia. We have client meeting locations in Fairfax, Manassas, Richmond, Lynchburg, Loudoun, Fredericksburg & Virginia Beach.
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.
Child Pornography Lee Virginia Image Possession Minor Delinquency Lawyer
Child Pornography Lee Virginia Image Possession Minor Delinquency Lawyer
Commonwealth v. Philip
Facts:
Defendant was charged with the felonious possession of child pornography, in violation of Va. Code Ann. § 18.2-374.1:1. The Commonwealth contended that defendant possessed a photograph image of a student under the age of 18 years on his cell phone and on his computer. A single photograph was tendered to the court and made a part of the record under seal. Defendant moved to dismiss.
Child Pornography Lee Virginia Image Possession Minor Delinquency Lawyer
Issue:
- Whether defendant possessed a photograph image of a student under the age of 18?
Discussions:
The photograph depicted a female from the top of the breasts to mid thigh. The arms of the female are clasped across the breasts, exposing a small portion of the areola of one and possibly two breasts. Due to the grainy nature of the photograph it was unclear whether one nipple was visible. She may have beneath her upper torso an article of clothing that may have been raised to expose a portion of the breast. Otherwise the female form was sufficiently clad to completely cover the pubic area.
The evidence failed to support a finding that the offending material satisfied the element of a sexually explicit showing of a lewd exhibition of nudity required under Va. Code Ann. § 18.2-374.1. As a matter of law, the photograph did not meet the requirements established by the Virginia appellate courts for child pornography. Defendant was also charged with two counts of contributing to the delinquency of a minor because it was alleged that defendant caused a student to transmit the photograph to his cell phone and to his computer. Those two charges were dependent upon a finding that the photograph constituted child pornography.
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
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.
18.2-67.3 Code Virginia Aggravated Sexual Battery Penalty Fairfax Prince William Richmond Beach Loudoun
A person charged with a sex crime such as forcible sodomy pursuant to 18.2-67.3 must take the charge very seriously.
The penalties for a conviction of Virginia Code 18.2-67.3 are very serious. The worst part is that it will place you on the sex offender registry for life.
18.2-67.3 Code Virginia Aggravated Sexual Battery Penalty
The SRIS Law Group Virginia lawyers have defended cases of this nature and have the experience to defend you. Do not assume that just any Virginia lawyer has the experience necessary to defend you against a sex crime.
When you speak with a Virginia lawyer from our firm, he will discuss the facts of your case and then advise you about your options. An attorney from our firm will do his best to help you obtain the best possible result based on the facts of your case.
Virginia Code 18.2-67.3. Aggravated sexual battery; penalty.
A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
- The complaining witness is less than 13 years of age, or
- The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness, or
- The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
- The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age, or
b. The accused causes serious bodily or mental injury to the complaining witness, or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
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
Use Communications System Contact Minor Virginia 18.2-374.3 Fairfax Richmond Beach Fredericksburg Lynchburg Prince William
DEFENSE OF USE OF COMMUNICATIONS SYSTEMS TO FACILITATE CERTAIN OFFENSES INVOLVING CHILDREN IN VIRGINIA
VIRGINIA SEX OFFENSE/CRIME ATTORNEYS
Anyone who has seen “Catch a Predator” would be aware how aggressively this particular sex offense is being prosecuted. People use different terms for this charge such “online solicitation of a minor for sexual purposes”, “computer solicitation of a minor”, “internet solicitation of minor”, ”sexual socitation of a minor”,etc. Regardless of what people call this charge, Virginia is one of the states that is actively engaging in the prosecution of this crime. Even towns such as Haymarket, Virginia have an internet sex crimes task force. There are defenses to this charge if you have been charged. The first step towards this defense is to NOT MAKE ANY STATEMENTS TO LAW ENFORCEMENT. Second, even when law enforcement comes to your house and asks you to write an apology letter to the parents of the child, say NOTHING. Lastly, contact us to assist with your defense against this charge. We are extremely knowledgeable about these kinds of charges. When you are faced with a sex offense, it is not something to take lightly. The Virginia sentencing guidelines are extremely stiff on those who are charged with a sex offense.
Use Communications System Contact Minor Virginia 18.2-374.3
VA Code § 18.2-374.3. Use of communications systems to facilitate certain offenses involving children.
A. It shall be unlawful for any person to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of§ 18.2-370 or§ 18.2- 374.1. A violation of this subsection is a Class 6 felony.
B. It shall be unlawful for any person 18 years of age or older to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting any person he knows or has reason to believe is a child less than 18 years of age for (i) any activity in violation of§ 18.2-355 or§ 18.2- 361, (ii) any activity in violation of§ 18.2-374.1, (iii) a violation of§ 18.2-374.1:1, or (iv) any activity in violation of subsection A of § 18.2-370. As used in this subsection, “use a communications system” means making personal contact or direct contact through any agent or agency, any print medium, the United States mail, any common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications system. A violation of this subsection is a Class 5 felony.
CAUSING ENCOURAGING CHILD DELINQUENT VIRGINIA FAIRFAX RICHMOND BEACH LYNCHBURG FREDERICKSBURG MANASSAS
DEFENSE OF CAUSING OR ENCOURAGING A CHILD TO BECOME DELINQUENT IN VIRGINIA
VIRGINIA SEX OFFENSE/CRIME ATTORNEYS
Causing a child to become delinquent in Virginia is class 1 misdemeanor in Virginia. Frequently, people who are offered a chance to plead to this offense under subsection ii do not realize that this will cause them to have to register as a sex offender.
Virginia Code § 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant
Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in§ 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting§§ 18.2- 18,18.2-19,18.2-61,18.2-63,18.2-66, and 18.2-347.
If the prosecution under this section is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child’s life.
INDECENT LIBERTIES MINOR VIRGINIA FAIRFAX RICHMOND BEACH LYNCHBURG FREDERICKSBURG MANASSAS
DEFENSE OF TAKING INDECENT LIBERTIES BY PERSON IN CUSTODIAL OR SUPERVISORY RELATIONSHIP IN VIRGINIA
VIRGINIA SEX OFFENSE/CRIME ATTORNEYS
Any person who sexually assaults a child while the child is in their custody or in a supervisory relationship will be charged with Virginia Code 18.2-370.1. Any person who is convicted under this statute will be convicted of a class 6 felony in Virginia. A 2nd or subsequent offense will result in a class 5 felony conviction. If you are charged with taking indecent liberties of a minor while he or she is in your custody, do not take it lightly. If you are charged with this offense, immediately contact our office to speak with Virginia sex crimes defense lawyer today.
Virginia Code § 18.2-370.1. Taking indecent liberties with child by person in custodial or supervisory relationship; penalties
A. Any person 18 years of age or older who, except as provided in§ 18.2- 370, maintains a custodial or supervisory relationship over a child under the age of 18 and is not legally married to such child and such child is not emancipated who, with lascivious intent, knowingly and intentionally (i) proposes that any such child feel or fondle the sexual or genital parts of such person or that such person feel or handle the sexual or genital parts of the child; or (ii) proposes to such child the performance of an act of sexual intercourse or any act constituting an offense under§ 18.2-361; or (iii) exposes his or her sexual or genital parts to such child; or (iv) proposes that any such child expose his or her sexual or genital parts to such person; or (v) proposes to the child that the child engage in sexual intercourse, sodomy or fondling of sexual or genital parts with another person; or (vi) sexually abuses the child as defined in§ 18.2-67.10 (6), shall be guilty of a Class 6 felony.
B. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 5 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in§ 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.
TAKING INDECENT LIBERTIES VIRGINIA CHILDREN FAIRFAX RICHMOND BEACH LYNCHBURG MANASSAS
DEFENSE OF TAKING INDECENT LIBERTIES WITH CHILDREN IN VIRGINIA
VIRGINIA SEX OFFENSE/CRIME ATTORNEYS
Any sex crime against a child is a very serious offense in Virginia. Taking indecent liberties with a child in Virginia under the age of 15 is a class 5 felony in Virginia. Depending on the nature of the offense committed in violation of Virginia Code Section 18.2-370, the maximum felony charges a person can be charged with is a class 4 felony. Frequently if a person is accused of violating Virginia Code Section 18.2-374.3, then a person is also charged with Taking Indecent Liberties with a Child in violaion of Virginia Code Section 18.2-370.
Virginia Code § 18.2-370. Taking indecent liberties with children; penalties
A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony:
(1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or
(2) Repealed.
(3) Propose that any such child feel or fondle the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or
(4) Propose to such child the performance of an act of sexual intercourse or any act constituting an offense under§ 18.2-361; or
(5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this section.
B. Any person 18 years of age or over who, with lascivious intent, knowingly and intentionally receives money, property, or any other remuneration for allowing, encouraging, or enticing any person under the age of 18 years to perform in or be a subject of sexually explicit visual material as defined in§ 18.2-374.1 or who knowingly encourages such person to perform in or be a subject of sexually explicit material; shall be guilty of a Class 5 felony.
C. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 4 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in§ 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.
D. Any parent, step-parent, grandparent or step-grandparent who commits a violation of either this section or clause (v) or (vi) of subsection A of § 18.2-370.1 (i) upon his child, step-child, grandchild or step-grandchild who is at least 15 but less than 18 years of age is guilty of a Class 5 felony or (ii) upon his child, step-child, grandchild or step-grandchild less than 15 years of age is guilty of a Class 4 felony.
Crimes Against Nature Charge Virginia Fairfax Richmond Beach Lynchburg Manassas
Defense of Crimes Against Nature Charge in Virginia
SEX OFFENSE/CRIME ATTORNEYS
Virginia crimes against nature is a class 6 felony. This Virginia statutes prohibits acts such as cunnilingus, fellatio, anilingus or anal intercourse upon a family member or an animal. A conviction for this offense in Virginia is at a minimum a class 6 felony. If a person is convicted of this offense in Virginia under Virginia Code Section 18.2-361 (B), then depending on who the victim is, it is either a class 5 felony or a class 3 felony. If you have been charged with this sex offense, please contact one of our Virginia sex crimes defense lawyers to assist you with defending yourself against this felony offense.
VA Code § 18.2-361. Crimes against nature; penalty
A. If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony, except as provided in subsection B.
B. Any person who performs or causes to be performed cunnilingus, fellatio, anilingus or anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or sister, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least 13 but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony.
C. For the purposes of this section, parent includes step-parent, grandparent includes step-grandparent, child includes step-child and grandchild includes step-grandchild.
