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.