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Virginia Child Pornography Lawyers Richmond Images Violate Constitutional Rights

Virginia Child Pornography Lawyers Richmond Images Violate Constitutional Rights

Abraham v. Commonwealth Of Virginia

Facts:

On September 4, 2003, police interviewed appellant’s roommate regarding child pornography he found on appellant’s computer. On September 9, 2003, based on the roommate’s affidavit, police executed a search warrant at appellant’s residence. The search resulted in discovery of four hard drives, multiple zip disks, and multiple 3.5-inch diskettes that contained images of child pornography. The trial court found the evidence presented at trial sufficient to support appellant’s convictions. The Circuit Court of the City of Richmond (Virginia) convicted defendant on twenty-four counts of possession of child pornography, in violation of Va. Code Ann. § 18.2-374.1:1 and sentenced him to twenty-four months in prison. Defendant challenged his convictions, contending that his prosecution violated his constitutional right to be free from ex post facto punishment.

Virginia Child Pornography Lawyers Richmond

Virginia Child Pornography Lawyers Richmond

Issue:

Whether the defendant’s prosecution violated defendant’s constitutional right to be free from ex post facto punishment?

Discussion:

This court held that the appellant continued to possess the child pornographic images at the time of his arrest, notwithstanding the date the images were originally downloaded. Accordingly, we affirm appellant’s convictions for possession of child pornography. Defendant contended that the material he was found guilty of possessing was either created or last accessed in December 2000, at a time when possession of child pornography was a Class 1 misdemeanor. But, he was indicted for possession of child pornography on September 9, 2003, two months after possession of child pornography became a felony under Va. Code Ann. § 18.2-374.1:1. Second, the Commonwealth met its burden of establishing that on September 9, 2003, defendant was aware of and knowingly possessed child pornographic materials on his computer and accessories, and this finding was earlier affirmed. The mere fact that some of defendant’s acts proving his possession in September, 2003 occurred before the change in the law did not preclude application of the new law. The trial court found that defendant continued to possess the child pornographic images at the time of his arrest, notwithstanding the date the images were originally downloaded.

Judgment:

This court hence affirmed the trial court judgment convicting the defendant for possession of child pornography. 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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