Possession of Child Pornography Law in Virginia

Pornography is a crime in all states of the U.S, which includes Virginia as well. Talking about child pornography, it is a very serious offense in Virginia. That includes the production of child pornography, possession of child pornography and distribution of it. Although, all three categories have different penalties and all are very harsh, which is legitimate. Sentences for having the possession of child pornography are fine, jail, sex offender registration, and a criminal record. Why such harsh law? Because U.S constitution doesn’t allow it at all and all of the laws in according to Virginia code are made like that. Possession of Child Pornography can be found in the computer, mobile or any other digital device we use. It can either be a picture or sexting. Having a picture in your phone with no evidence of it, or with no proper source of who sent you, it is a crime, and it can get you in serious trouble? You have to mention the proper evidence of it or be ready to face the charges mentioned above in the article.

  1. In Virginia Law, anyone who keeps the possession of Child pornography is guilty of Class 6
  2. Anyone who violates the number 1 is guilty of Class 5 felony.
  3. Anyone who deliberate or not sells, gives away, produces, purchases or intend to keep the possession of child pornography will be punished at least five years in jail, and the count can go up to 20 years at max. The same law applies to the person who tries to send, provide or submit any other’s child pornography activity. Anyone who commits the crime for the second time will face no sympathy at all and will spend a minimum of five years in jail again which can lead to twenty years. Five years of imprisonment are mandatory for the guilty person.
  4. Any other individual involves himself in online activity or keeps a website on child pornographic content will fall into Class 4 felony.

Images which fall under the category of under 18 become the most obvious reason for child pornography offense. Talking about images included in child pornography law, there are few exceptions for it as well which are;

Keeping possession of images for medical and scientific purposes.
Law enforcement agents, psychologists, physicians or lawyers can keep the possession of it.
A judge who is looking into the case of child pornography can also keep the images.

If the law enforcement agencies find you with the possession of such substance with exceptions mentioned above, you will face the charge, fine, or the court. Law enforcement agencies keep the right to take all of the evidence under their possession which was either used in possession, distribution or production of child pornography. According to Statute 19.2-386-31, whoever is being investigated for possession or distribution of child pornography will have to lose the property to the state upon conviction.

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