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.
Child Pornography Virginia Possession Photograph Student Attorneys Henrico County
Child Pornography Virginia Possession Photograph Student Attorneys Henrico County
Commonwealth v. Yale
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 Virginia Possession Photograph Student Attorneys
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.
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
VIRGINIA SEX OFFENSE/CRIME ATTORNEYS
Virginia prohibits the production, publication, sale, possession with intent to distribute sexually explicit item involving children.
Virginia 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.
