Hampton Roads Child Pornography Lawyer

As defined by Hampton Roads Law, child pornography is photos that are of a sexual nature, sexually revealing, and/or sexually explicit of a minor (someone under the age of 18). Child pornography laws typically do not differentiate between state and federal law. It is considered a felony offense to possess child pornography and is treated more severely if it is possessed and distributed.

A Hampton Roads child pornography lawyer could help you prepare a defense you could be proud of. Speak with an experienced sex crimes attorney as soon as you become aware of the charges against you.

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Distinguishing Aspects of Child Pornography

What makes child pornography cases unique is the involvement of a minor. Because some sex crimes involve adults, they do not always involve force or threating. In some instances of homemade child pornography, people will take photos of minors and store them.

In other instances, people acquire photos like this on the internet. Not having taken the pictures themselves could mean that they may not know the person in the photo which may be treated differently. Often in sex crimes cases, the accuser and the accused have some sort of relationship whereas the person in the photo and the person watching or holding the photo probably do not know one another.

Those facing charges should speak with a Hampton Roads child pornography lawyer to learn more about how their case may be treated in court.

How Child Porn is Handled in Hampton Roads

Anything involving children is considered a priority for Hampton Roads law enforcement. However, it is not one of the most pressing problems in the Hampton Roads area. Police Forces do have Major Crime Units that investigate sex crimes and if they believe there is somebody distributing large amounts of child pornography, they will be arrested.

Despite the jurisdictional difficulties, someone could be charged with child pornography offenses if they are in another city or state. If the pornography itself originates from someone Virginia and is transmitted to another state, they could be charged in Virginia if they are soliciting child pornography.

More than likely the person is going to be charged in their home state just because it is easier to prosecute there. However, if it can be shown that elements of the crime originated in Virginia, in theory they could bring charges against a person in both states.

What Does it Mean if the Pornography Defendant is also a Minor?

Virginia does not have a separate code section, like some states, for possession of child pornography by a minor. In Virginia, there is no differentiation. Teenagers who are sexting (sending pictures to one another) are technically in possession of child pornography.

Teenagers are brought into Court for possession of it or passing it on to friends which is a felony. Because there is no distinction in the law, if a person is a minor and has photos of another minor, they run the risk of a felony and serious jail time that could impact their life.

Role of the Prosecution in Pornography Cases Involving Children

Due to the nature of these cases, prosecutors believe them to be easy cases to win because they find the pornography on the person’s computer; not much a person can argue in defense. Because of the perception of people who have child pornography, it is not the case that they are inclined to let go easily.

Someone charged with porn offenses involving minors should retain a Hampton Roads child pornography lawyer who can advocate for them and steer them through this process.

How a Lawyer Could Build a Sex Crimes Defense

Sex crimes investigations may be considered an opportunity for a Hampton Roads child pornography lawyer to speak with the prosecutor and work things out so no charges are brought. They may try to decrease the amount of counts brought against the accused by offering a favorable plea. They could potentially arrange for the person to come into the police station to be arrested instead of police coming to their house or place of employment and dragging them out in handcuffs.

In these particular crimes, they usually involve a computer which means there are search and seizure rights involved under the Fourth Amendment. A defense attorney can help them make sure the police did not violate their Fourth Amendment rights when conducting a search.