Virginia Child Pornography Sexting Lawyer Fairfax Loudoun Federal Court Minors

How Sexting can lead to Child Pornography Charges in Virginia – Especially for Minors

The penalties in Virginia for sex crimes against minors get harsher by the year. If you were to look at the punishment imposed on sex crimes in Virginia from 1960 to the present, you will see that the punishments are bordering on draconian. Lately, a lot of the sex crimes being prosecuted in Virginia are against minors themselves. A lot of teenagers who have cell phones that are enabled with internet capabilities and cameras are creating the perfect environment to send and receive illegal videos and images.

Virginia Child Pornography Sexting Lawyer

Virginia Child Pornography Sexting Lawyer

A new type of crime has been created as a result of sexting. Basically, sexting is the transmitting of sexually explicit text messages, videos, and pictures over the internet via cell phone. Considering the number of teenagers and even 11 year olds who think it is funny to send inappropriate images, videos and messages to each other, the crime of sexting is becoming an almost every day occurrence.

When a sixteen year at a Virginia high school takes a picture of his girlfriend genitalia or vice versa and then sends the picture to her or to someone else, the sixteen old can be charged with not only production of child pornography in Virginia, but also production of child pornography. Based on the current version of the law in Virginia, production or distribution or possession of child pornography is not limited only to adults.

A lot of parents are shocked and devastated when their child is suddenly facing a felony charge of possession of child pornography, production of child pornography or distribution of child pornography in Virginia. Again, the law does not create a distinction between a minor and an adult. Thus the legal consequences of sexting can be extremely detrimental to a minor who acts without thinking. That is where we can help. Our Virginia law firm represents both adults and minors charged with sex crimes cases related to the use of the internet.

In Virginia, sexting charges primarily arise from following types of scenarios: 1) crimes that involve child pornography, such as possession or production of child pornography and 2) crimes that involve the actions that occur while sexting, such as nonconsensual photography of private part, or indecent exposure.

Child pornography is a very specific legal term in Virginia. The statutes focus on private body parts, sexual acts, and simulated sexual acts that may not be shown in any image, photo, video, etc.

Virginia categorizes three different acts of child pornography: production of child pornography in Virginia, possession of child in Virginia, and distribution of child pornography in Virginia. All three types of acts are felonies in Virginia.

Our law firm defends clients charged with child pornography throughout the entire state of Virginia. We also defend clients charged in Federal Court.

Our client meeting locations in Virginia are in Fairfax, Loudoun, Richmond, Virginia Beach, Loudoun, Prince William, Fredericksburg & Lynchburg.

We also defend clients before the following federal courts in Virginia: Alexandria, Newport New, Norfolk, Richmond, Abingdon, Big Stone Gap, Charlottesville, Danville, Harrisonburg, Lynchburg and Roanoke.

If you are seriously seeking an experienced lawyer to defend you or your child against a sexting or child pornography charge in Virginia, call us at 888-437-7747 for help. We have handled these types of cases before and we understand how easy it is to get caught up on the web of the internet.

VA Code 18.2-374.1 (Production of Child Pornography)

Production of Child Pornography in Virginia is a very serious felony. The penalty for production of child pornography in Virginia is 1-20 years in prison if the victim is over 15 years old. 3-30 years if the defendant is more than 7 years older than the minor. If the victim is under 15 years old then the defendant faces 5-30 years in prison. 15-40 years if the defendant is more than 7 years older than the victim. A second conviction for child porn can result in up to 15-40 years in prison depending on the age of the defendant and victim.

VA Code 18.2-374.1:1 (Possession of Child Pornography)

Knowingly possessing child pornography is a class 6 Felony, meaning that it can result in up to 5 years in prison. Subsequent convictions result in a class 5 felony with up to 10 years in prison.

VA Code 18.2-374.1:1 (Distribution of Child Pornography)

Distribution of child pornography is very simple and very serious. A first offense means 5-20 years in prison not matter how old the defendant or the victim is. Distribution means reproducing, copying, selling, giving away, and electronically transmitting, etc. child pornography.

Article written by A Sris


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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