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Virginia Child Pornography Lawyer Norfolk Sexually Explicit Images

Virginia Child Pornography Lawyer Norfolk Sexually Explicit Images

Arthur v. Commonwealth

Facts:

On conducting surveillance of defendant Norfolk Police Officer found defendant, using library computer equipment, accessed and printed four sexually explicit images of children. He was arrested immediately upon exiting the library, charged with “reproducing sexually explicit material of persons less than eighteen years of age,” and a “three-ring binder” containing the four pictures printed at the library was taken from his person. He entered a plea of guilty to the misdemeanor offense.

Virginia Child Pornography Lawyer Norfolk

Virginia Child Pornography Lawyer Norfolk

The Commonwealth introduced into evidence, the “four plastic grocery bags”. The court convicted and sentenced defendant on the misdemeanor but dismissed the felony. The jury of the Circuit Court of the City of Norfolk, Virginia, indicted defendant on eight counts of possession of child pornography and four counts of production of sexually explicit items involving children. Prior to trial, defendant moved the court to quash the felony indictments. The trial court overruled the motion. Defendant appealed

Issue:

Whether the prosecutions constituted double jeopardy because the evidence presented in the general district court to prove the misdemeanor offense, possession of child pornography, was also used to support the subsequent felony convictions in the trial court for the identical crime, as a second or subsequent offense?

Discussion:

This Court held that the Double Jeopardy Clause of the Fifth Amendment provides that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const. amend. V. therefore under the double jeopardy clause an accused may not be subjected to “a second prosecution for the same offense after acquittal; a second prosecution for the same offense after conviction; and multiple punishments for the same offense.

The evidence which the prosecution relied on in both the cases was “four plastic grocery bags containing numerous photographs printed from a computer,” Defendant was found guilty and sentenced accordingly in the district court. Thereafter, when the grand jury indicted him on eight counts of the same crime, as a second or subsequent offense, “twenty pictures related to the possession charges,” all from the “four plastic grocery bags” of photographs introduced in the earlier misdemeanor prosecution were shown as evidence. These facts clearly point out that the defendant was prosecuted for the same offense after conviction, a violation of his protection against double jeopardy.

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.

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.

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