Child Pornography Defense Attorney in Newport News, VA
Call (757) 663-4477 for a FREE Consultation!
The federal and state governments have enacted many laws that make it illegal to possess, distribute, or create child pornography. If you have been accused of this crime, you need a strong and experienced Newport News child pornography lawyer on your side. At Ehrenworth Law, PLLC, we have a track record of success when it comes to defending clients against charges of child pornography.
If you are facing charges for possessing, distributing, or creating child pornography, you need a lawyer who understands the law and can help you fight the charges. Our firm can provide the strong defense you need to protect your freedom and future. As a former prosecutor, Attorney Ehrenworth understands how the government builds its cases. He knows how to challenge the evidence against you and work to get the best possible results in your case.
Contact us today at (757) 663-4477 to discuss your case with our Newport News child pornography lawyer. We will listen to your side of the story and help you fight for your rights.
What Is Child Pornography?
Child pornography is any type of media that depicts a minor (someone under 18 years old) engaging in sexual activity or that displays a minor's sexual organs or shows a sexual act taking place. It can come in the form of pictures, movies, books, or any other type of media.
Child pornography can be charged as a:
- Possession
- Distribution
- Production
In Virginia, the state legislature has defined child pornography to include any media that depicts a minor engaged in sexual activity. It can also include any media that displays a minor's sexual organs or shows a sexual act taking place. Child pornography is illegal in Virginia and can lead to serious penalties.
The penalties for child pornography can include:
- First-degree misdemeanor—up to 12 months in jail and a $2,500 fine
- Second-degree misdemeanor—up to 6 months in jail and a $1,000 fine
- Class 1 misdemeanor—up to 1 year in jail and a $2,500 fine
- Class 6 felony—1-10 years in prison and a $2,500 fine
- Class 5 felony—1-20 years in prison and a $2,500 fine
The penalties for creating child pornography are harsher than those for possessing child pornography. Creating child pornography is a felony that can lead to prison time and large fines.
How Does the Government Prove I Possessed Child Pornography?
In order for the government to prove that you possessed child pornography, they must prove that you knowingly had the media in your possession and that you knew what the media depicted. The government must also prove that you knew the media was child pornography. If you were unaware that the media contained child pornography, you may have a defense to the charges.
In order to prove that you knowingly had the media in your possession, the government must show that you had control over the media and that you knew what the media contained. For example, if you have a computer and someone else downloaded child pornography onto the computer, you may not have knowingly possessed the media. However, if you knew that someone else downloaded child pornography onto the computer and you continued to use it, you may be charged with possession.
How Does the Government Prove I Distributed Child Pornography?
In order to prove that you distributed child pornography, the government must prove that you had the media in your possession and that you intended to give, sell, distribute, or trade the media with someone else. You may have a defense to the charges if you were unaware that the media contained child pornography. For example, if you were trading music CDs and someone else put child pornography on the CD, you may not have knowingly distributed the media.
If you have been charged with either possession or distribution of child pornography, you need a lawyer who can help you understand the charges against you and help you fight the charges. Our firm can provide the defense you need to protect your freedom and future. As a former prosecutor, Attorney Ehrenworth understands how the government builds its cases. He knows how to challenge the evidence against you and work to get the best possible results in your case.