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Are You Facing Charges of Child Pornography? Contact Our Firm to Fight the Prosecution & Retain Your Freedom.

Chesapeake Child Pornography Lawyer

Federal Crimes Lawyer in Virginia

Involvement with child pornography is a federal crime, as well as a felony according to Virginia state law. The penalties for possessing, producing, or distributing child pornography are severe. If you have been accused of this serious crime, we at J. Bouchard Law are prepared to aggressively defend you in court and help ensure that your side of the story is heard.

Do not let any more time go by before securing the tenacious defense you need. Call our child pornography attorney in Chesapeake today for a free case evaluation.

Defense Against Child Pornography Charges in Virginia

Child pornography is defined as:

“…any visual depiction of sexually explicit conduct involving a minor…”

Sexually explicit conduct includes sexual activity or nudity that is sexually suggestive; a “minor” is anyone under the age of 18. Under federal law, sexually explicit visuals of a minor may be considered child pornography regardless of whether or not the depicted minor is "identifiable." This differs from Virginia law, which defines child pornography as sexually explicit material of an “identifiable” minor, or, a real human subject. Under federal law, for example, sexually explicit animation or computer-generated images of minors can be considered child pornography, even if no human subject was involved.

Illegal Actions Under Federal Law

Creating, helping to create, possessing, receiving, distributing, or sending child pornography—or even attempting to do those things—are all federal crimes when they involve transferring the illegal material across state or foreign borders or via a computer or the Internet. These actions are also considered federal crimes when they involve a facility of interstate or foreign commerce.

For example, transmitting the material via the U.S. mail system would be prohibited. Transmitting child pornography via the Internet is even more common, and is almost always subject to federal charges (if the computer or data storage device originated in or has traveled in interstate or foreign commerce).

Helping to create child pornography includes employing, enticing, coercing, persuading, etc. a minor to be the subject of the explicit material. Transporting children across state or foreign borders with the intent or knowledge of them being involved in pornography, as well as creating advertisements to solicit a minor’s involvement in pornography, are also prohibited.

Additionally, you may also be liable to federal charges if you know that someone else is engaging in any of the aforementioned crimes, but you fail to report it.

The following items that contain sexually explicit visual material of a minor can be considered child pornography:

  • Hard copy photos, pictures, or drawings
  • Sculpture
  • Film
  • Book, magazine, pamphlet
  • Undeveloped photographs or film
  • Digital material (including mobile phones and text messages)

Penalties for Child Pornography Include:

  • Possessing child pornography: 0-10 years in federal custody for first-time offenders, and 10-20 years for those previously convicted of a sex offense
  • Transporting/Distributing child pornography: 5-20 years in prison
  • Producing child pornography: 15-30 years in prison

Penalties may intensify if the individual has a prior child pornography conviction or a conviction of sexually abusing a minor, if the explicit material was particularly violent in nature, or if the child was abused during the creation of the explicit material.

As child pornography is also a state crime, you may also be tried on the state level and face the penalties required by Virginia law, which include jail time, fines, registering as a sex offender, and community service.

Get a Former Prosecutor on Your Side!

Child pornography charges are serious. If you are facing this difficult situation, Attorney Julian Bouchard is here to protect your rights. With experience as a former prosecutor, he understands the mindset and strategies of the other side, and can use that to your advantage. Don’t leave your future up to chance—call our Chesapeake criminal defense attorney today to secure aggressive representation.

Contact J. Bouchard Law or call (800) 301-3552 for a free case evaluation. We can begin preparing a strong defense on your behalf.

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