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Virginia Child Pornography Charges Levied Against New York Man


A New York man faces felony charges for child pornography in Virginia after soliciting explicit photos from a minor, according to an article by the Loudoun Times-Mirror.

The New York man allegedly used a fake social media profile to connect with a Virginian juvenile. After receiving several explicit photos, this man allegedly tried to extort additional materials from the minor. And ultimately, it seems the New York man threatened to post these sexually explicit materials if the victim refused to cooperate.

The Loudoun County Sheriff’s Office investigated this case, tracing the crime back to the New York man. So law enforcement arrested him and then transported him to the Loudoun County Adult Detention Center. The New York man remains in custody without bond on charges of child pornography.

While the New York man awaits formal legal proceedings in his case, it seems appropriate to review Virginia laws against and penalties for child pornography.

What is the Virginia Definition of Child Pornography?

The definition of child pornography appears in Code of Virginia Section 18.2-374.1. This term refers to materials that are:

  • Sexually explicit;
  • Visual; and
  • Featuring an identifiable minor.

In this context, a minor is identifiable if their face or features are visible enough to discern their identity. Child pornography does not require proof of the minor’s identity to be included in the sexually explicit materials.

What are the Virginia Penalties for Production of Child Pornography?

The punishment for production of child pornography also appears in Section 18.2-374.1. Under this section, production of child pornography occurs when a person:

  • Solicits, entices, or forces a minor under 18 years old to take part in child pornography;
  • Prepares or attempts to prepare materials that qualify as child pornography;
  • Participates in the filming or production of materials that qualify as child pornography; or
  • Finances or attempts to finance child pornography.

Any person who commits production of child pornography is guilty of a felony. But the corresponding penalties fluctuate based on the age of the children involved. If the subject of child pornography is:

  • Under 18 years old — Then the punishment includes one to 20 years in a state correctional facility; or
  • Under 15 years old — Then the punishment includes five to 30 years in a state correctional facility.

What are the Virginia Penalties for Possession of Child Pornography?

The punishment for possession of child pornography appears in Code of Virginia Section 18.2-374.1:1. A first offense is punishable as a Class 6 felony with the possibility of one to five years in prison and up to $2,500 in criminal fines.

If a person possesses child pornography a second or subsequent time, the offense is punishable as a Class 5 felony. If convicted at that level, an offender can face one to 10 years in prison and up to $2,500 in criminal fines.

Do You Need Legal Help?

If you have legal questions about child pornography laws in Virginia, it can be highly useful to speak with a knowledgeable Leesburg criminal defense lawyer. The lawyers at Simms Showers LLP have the knowledge and skill required to defend against criminal charges, under Virginia state and U.S. federal laws. If you need legal help with criminal defense, contact us today for a free initial consultation.




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