Virginia Beach Child Pornography Attorney

Seek the Representation of the Law Offices of Daniel J. Miller

Child pornography is a serious criminal offense which can be charged in either state or federal court. Not only do guilty individuals face lengthy prison or county jail sentences and expensive fines, but they are required to register as a sex offender which can permanently damage their reputation.

If you have been arrested for child pornography in Virginia, it’s imperative to hire an experienced and reliable criminal defense attorney. At the Law Offices of Daniel J. Miller, our lawyers can help you avoid these penalties by providing extensive legal guidance and relentless representation.

Child Pornography Penalties 

Possession of child pornography consists of knowingly owning or having any sexually explicit material of a person less than 18 years of age. This crime is considered a Class 6 felony for a first time offender, punishable by a prison sentence between one and five years, or a maximum jail sentence of 12 months which includes a fine of up to $2,500. A second or subsequent conviction is a Class 5 felony, punishable by a prison sentence between one to ten years, or a maximum jail sentence of 12 months and a fine of $2,500.

However, if the material in possession was mailed, shipped or transported across state lines or international borders, the offense may be charged in federal court. The federal penalty is a maximum prison term of 10 years. If the minor depicted in the material is found to be younger than 12 years old, then the maximum prison sentence increases to 20 years.

Distribution of child pornography is defined as knowingly selling, copying, reproducing, giving away and electronically transmitting child pornography. A child pornography distribution conviction is punishable by a prison sentence between five and 20 years. A second or subsequent conviction carries the same sentence; however, defendant must serve a minimum five years in prison.

Any individual who knowingly and intentionally operates an internet website in order to facilitate payment for access to child pornography can be charged with a Class 4 felony, which is punishable by a prison sentence between two to ten years and a fine of up to $100,000.

Production of child pornography is soliciting or enticing a minor to be the subject of child porn, producing or preparing to produce child pornography, knowingly participating in the production of child pornography, financing child pornography or attempting to finance child pornography. Production is the most serious offense of all child pornography crimes. If the victim is over 15 years of age, a defendant can be punished by a prison sentence between five to 30 years.

If the defendant is at least seven years older than the subject of the child pornography, that person will face a prison sentence between five and 30 years, with a mandatory minimum prison term of five years. A second or subsequent conviction is punishable by a prison sentence between 15 and 40 years, with a mandatory minimum prison term of 15 years.

If the subject of the child pornography is at least 15 years old, but less than 18, the defendant shall be punished by a prison sentence between one and 20 years. However, if the defendant is at least seven years older than the subject of the child pornography, that person can be punished by a prison term between three and 30 years, with a mandatory minimum prison term of three years. A second or subsequent conviction can be punished by a prison term between 10 and 30 years, with a mandatory minimum prison term of 10 years.