Child pornography is defined as anything that is a visual depiction of sexually explicit conduct involving a minor, which is someone under the age of 18.
Child pornography is defined the same way under federal law as it is under Virginia law. It is the definition of child pornography in general. Specifically, what does and does not constitute child pornography is defined on the state-level through certain cases in Virginia. However, the overarching definition is the same for federal and state law. Child pornography cases are prosecuted very seriously throughout Virginia, and if facing charges in Fredericksburg, contacting a skilled child pornography lawyer in Fredericksburg as soon as possible is essential. A qualified defense attorney who has experience in these cases can be an individual’s best asset.
Because the laws do not change from state to county on an issue like child pornography, standard Virginia laws apply to Fredericksburg. The main issues at hand are the age of the individual and the type of act that is depicted, whether or not it is a sex act. The other key issue is whether or not the person accused knowingly possessed it or created it.
Where a person can be charged with law violations of child pornography in Fredericksburg is a topic that has recently been litigated by the federal courts, and if the right facts are present, they could be charged and prosecuted in Fredericksburg. If there is a computer item or the image has somehow been handled within the confines of Fredericksburg, then that could be prosecuted in Fredericksburg.
Child pornography charges differ if the person accused is a minor because minors are treated differently. They will be charged differently. Depending on the charges, it will be heard in a different court system. It is still a felony offense and there are still major consequences if they are convicted under that code.
Sex crimes cases, like child pornography, are felony offenses. The penalties associated with the charges can get more serious quickly depending on the elements of each specific case. The most important elements in pornography cases are the age of the individual depicted, and the concept knowingly possessing illegal pornography. Typically, those things are litigated.
One of the things that come into play from a defense perspective is the online activity of an individual. That is part of determining whether the person accused was knowingly in possession. If the defendant has internet history that shows a pattern of viewing this material or if this material exists within their computer is an important part of the investigation. Investigators must discover if images have downloaded, they still exist on that computer, and whether or not the defendant was the actual user or if somebody else was using the computer at the time. These are important elements of all sex crimes cases, but they are particularly pertinent to child pornography cases in Fredericksburg.
For investigating and tracking computer usage, the investigation portion is similar to any type of computer crimes investigation in that it is a search for web or internet trails that are created. An investigator must get a search warrant for an individual’s data and whatever device they keep their data on, whether it is a computer, tablet, or something similar.
After they take this data, a digital copy of it is made, and then they can prove that the digital copy presented to the warrant. That is going to be an aspect of child pornography cases that makes it different from the run-of-the-mill computer crimes cases because the images are illegal and possessing them is illegal.
These are not cases in which the defense attorney can conduct an independent investigation within the confines of their office; to view these images, they must go to the law enforcement agency’s office. This makes the investigation process more difficult than standard independent investigations.
Because of the nature of child pornography cases, and the simple fact that minors are involved, patrol and enforcement of child pornography cases are priorities for law enforcement. The prosecution in these cases will also be aggressive. If accused, contact a Fredericksburg child pornography attorney immediately to create the best course of action to mitigate potential penalties.
Somebody should contact an attorney if they are facing these charges because the charges involved are serious with serious consequences; they are felony offenses. The ramifications that come with being accused of this type of crime could ruin somebody’s life.
An attorney should get involved as soon as possible to help nip it in the bud as best as they can, especially if it is a consistent rumor or an investigation because that could be enough to potentially ruin somebody’s life. A person wants to involve an attorney as soon as possible so the attorney could start doing damage control and working to help prevent this from getting out to neighbors and to prevent discussions from happening. If an employer finds out, it could cause serious difficulty with employment. What could potentially be a small error on the part of the police could turn into something much bigger that could ruin a person’s life.
The sooner an attorney is involved, the sooner the attorney could start sorting through this process. If it is something where there are legitimate charges that the police would be able to pursue, it is something that will require a complex type of investigation and litigation and a criminal defense attorney will need to be involved in establishing what could potentially be put between the person and federal prison time.
This is something that getting an attorney on and building a defense as soon as possible is important if the charges go forward. Even before the charges go forward, even before the charge, a person needs an attorney to help mitigate the damage that could be caused, to help the person navigate the interactions with the police and law enforcement agencies, and to help prevent them from looking guilty, and from incrimination.
If someone is facing these charges, an attorney can help by not only serving as a legal guide but by helping with damage control for the individual. Not only will they be able to serve this kind of damage control, but they will be able to help lay the groundwork for a good defense later on if the individual is charged. So, the sooner, the better, because an attorney is going to be able to offer not only legal guidance but also try to help mitigate the social stigma and damages that could arise with this type of charge.
So, the sooner, the better, because an attorney is going to be able to offer not only legal guidance but also try to help mitigate the social stigma and damages that could arise with this type of charge.