Hampton Roads Child Pornography Penalties

Child pornography is prosecuted seriously in Hampton Roads. Prosecutors often push for the heaviest Hampton Roads child pornography penalties possible. Furthermore, child pornography is a felony offense and could result in the loss of certain freedoms and forced registration on the Sex Offender Registry. If you have been charged with child pornography and now face penalties, consult a knowledgeable child pornography lawyer that could devote the time and resources necessary to build a solid defense for you.

Using Undercover Agents to Apprehend Wrongdoers

Police will undertake stings which begin with people posing as someone who is underage in chat rooms known to be frequented by people who search out minors in an attempt to catch people using child pornography. In cases that involve the distribution of child pornography online, the computer will be seized and the police can use the computer to see where the person has been and anything that was downloaded. As for Hampton Roads child pornography penalties, these are all felonies. Distribution carries five years of minimum mandatory jail time in the State of Virginia. A simple possession charge is a Class Six Felony with no mandatory jail time. The first offense is up to five years in prison for each piece of pornography.

Sexting as a Child Pornography Offense

When either party involved is under 18 and there are explicit photos sent back and forth to one another, it can be considered child pornography. Pornography is a visual medium and so words, in and of themselves, do not qualify. Under the law, it has to be some sort of visual material, photographs, pictures, videos; those types of things.

There is no distinction if a person charged with a child pornography offense is also under 18. Some states have different laws on it, but it is a nationwide problem. Part of it is that these types of cases have popped up faster than the law can adapt to them, and sexting cases are being brought to deal with the problem when the laws in most states are not necessarily best equipped to handle. These situations are a bit unfair where two people who are under the age of 18, by a consensual relationship, are sending photos back and forth to one another and can be charged with possession of child pornography.

Commonness of Sexting Offenses

As more and more teenagers have cell phones, it has become more common within the last 10 years. Courts are not overflowing with these types of cases, but they are brought up, especially when something happens in school, e.g., the teacher confiscates their phones and sees a naked photo of another student that they were passing around. It has become more prevalent with improved technology.Typically they are in state courts, but there are some situations where people will interact over state lines and send photos back and forth to each other. Most of these cases involve teenagers who know each other and live in close proximity to one another.

Can Child Pornography Charges Be Filed in Both State and Federal Court?

Hampton Roads child pornography penalties can be filed against someone in both state and federal court. However, if the federal court takes the case, that will pre-empt the state court. If the state charges can be brought separately and distinctly from federal chargers, then they will, but for the most part, if the federal government takes it, the states are willing to let the federal government handle it. These cases are resource–intensive, so a small jurisdiction may not have the time or the manpower to dedicate to it, whereas the federal government has significantly more resources.

Possible Penalties if an Individual is Convicted

If someone is charged with possession of child pornography for a first offense, it is a Class Six felony which carries up to five years in prison. A second offense of child pornography is a second, or subsequent from that is Class Five, which carries up to 10 years in prison. If a person is distributing pornography, knowingly does produce it or give it to other people, they are looking at a mandatory minimum of five years in prison and up to 20 years in prison for each count. If they are selling pornography or actually producing it, that carries up to 30 years in prison with a mandatory minimum of five years in prison for each count. Subsequent violations can go up to 40 years in prison.

There are long-term implications of conviction as well. These are felonies, so the charges will stay on their record. They will follow them forever and they will be required to register as a sex offender which carries the stigma of child pornography which is often connected to pedophilia. These are the types of crimes, if a person is convicted, will stay with them and they are not going to just be able to walk away from all of this, which is why it is important to speak with an experienced child pornography attorney. A dedicated lawyer could mitigate the Hampton Roads child pornography penalties a person may face.