Harrisonburg Child Pornography Possession Virginia Law 18.2-374.1:1

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Child Pornography Defense In Harrisonburg – Virginia Lawyers

Harrisonburg Virginia Sex Crime Defense Lawyer

The penalties for possession of child pornography are very serious. First and foremost, it is a felony offense. There are many different penalties for possession/distribution of child pornography.

If you have been charged with possession/distribution of child pornography in Harrisonburg Virginia, contact our firm immediately for help.

Child Pornography Possession/Distribution – Harrisonburg Virginia Defense Lawyers

Virginia Code 18.2-374.1:1. Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty

1. Any person who knowingly possesses child pornography is guilty of a Class 6 felony.
2. Any person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony.
3. Any person who (i) reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays with lascivious intent, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography with lascivious intent or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility. Any person who commits a second or subsequent violation under this subsection shall be punished by a term of imprisonment of not less than five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment.
4. Any person who intentionally operates an Internet website for the purpose of facilitating the payment for access to child pornography is guilty of a Class 4 felony.
5. All child pornography shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.
6. For purposes of this section it may be inferred by text, title or appearance that a person who is depicted as or presents the appearance of being less than 18 years of age in sexually explicit visual material is less than 18 years of age.
7. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs or where any child pornography is produced, reproduced, found, stored, received, or possessed in violation of this section.
8. The provisions of this section shall not apply to any such material that is possessed for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose by a physician, psychologist, scientist, attorney, employee of a law-enforcement agency, or judge who possesses such material in the course of conducting his professional duties as such.

Va. Statutes	Description		Penalties
Code § 18.2-374.1:1 (A) and (B)	Knowingly possesses child pornography	First offense	Class 6 Felony
		Second or subsequent offense	Class 5 Felony
Code § 18.2-374.1:1(C)	Any person who (i) reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays with lascivious intent, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography with lascivious intent or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography	First offense	5 to 20 in state correctional facility
		Second or subsequent offense	5 to 20 in state correctional facility, with mandatory minimum of 5 years
Code § 18.2-374.1:1(D)	Intentionally operates an Internet website for the purpose of facilitating the payment for access to child pornography		Class 4 Felony

If you have been charged with possession/distribution of child pornography in Harrisonburg Virginia, contact our firm immediately for help.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Child Pornography Production Virginia Law 18.2-374.1

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Child Pornography Production Defense In Harrisonburg – Virginia Lawyers

The penalties for production of child pornography are very serious. First and foremost, it is a felony offense.

There are many different penalties for production of child pornography.

If you have been charged with production of child pornography in Harrisonburg Virginia, contact our law firm immediately for help.

Child Pornography Production – Harrisonburg Virginia Defense Lawyers

Virginia Code 18.2-374.1. Production, publication, sale, financing, etc., of child pornography; presumption as to age; severability

A. For purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, “child pornography” means sexually explicit visual material which utilizes or has as a subject an identifiable minor. An identifiable minor is a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and shall not be construed to require proof of the actual identity of the identifiable minor.
For the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term “sexually explicit visual material” means a picture, photograph, drawing, sculpture, motion picture film, digital image, including such material stored in a computer’s temporary Internet cache when three or more images or streaming videos are present, or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.

B. A person shall be guilty of production of child pornography who:

1. Accosts, entices or solicits a person less than 18 years of age with intent to induce or force such person to perform in or be a subject of child pornography; or
2. Produces or makes or attempts or prepares to produce or make child pornography; or
3. Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means; or
4. Knowingly finances or attempts or prepares to finance child pornography.
5. [Repealed.]

B1. [Repealed.]

C1. Any person who violates this section, when the subject of the child pornography is a child less than 15 years of age, shall be punished by not less than five years nor more than 30 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section where the person is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 15 years nor more than 40 years, 15 years of which shall be a mandatory minimum term of imprisonment.

C2. Any person who violates this section, when the subject of the child pornography is a person at least 15 but less than 18 years of age, shall be punished by not less than one year nor more than 20 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by term of imprisonment of not less than three years nor more than 30 years in a state correctional facility, three years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section when he is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 10 years nor more than 30 years, 10 years of which shall be a mandatory minimum term of imprisonment.

D. For the purposes of this section it may be inferred by text, title or appearance that a person who is depicted as or presents the appearance of being less than 18 years of age in sexually explicit visual material is less than 18 years of age.

E. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs or where any sexually explicit visual material associated with a violation of this section is produced, reproduced, found, stored, or possessed.

F. The provisions of this section shall be severable and, if any of its provisions shall be held unconstitutional by a court of competent jurisdiction, then the decision of such court shall not affect or impair any of the remaining provisions.

Harrisonburg Virginia Child Pornography Tables:

Va. Statutes	Description			Penalties
Code § 18.2-374.1 (C1)	When the subject of the child pornography is a child less than 15 years of age		If the person not more than 6 years older than the child	5 to 30 years in the state correctional facility.
			If the person is at least 7 years older than the child	First offense	5 to 30 years in the state correctional facility, 5 years of which shall be a mandatory minimum
				Second or subsequent offense	15 to 40 years in the state correctional facility, 15 years of which shall be a mandatory minimum
Code § 18.2-374.1 (C2)	When the subject of the child pornography is a person between 15 and 18 years of age	If the person not more than 6 years older than the child			1 to 20 years in the state correctional facility
		If the person is at least 7 years older than the child		First offense	3 to 30 years in the state correctional facility, 3 years of which shall be a mandatory minimum
				Second or subsequent offense	10 to 30 years in the state correctional facility, 10 years of which shall be a mandatory minimum

If you have been charged with production of child pornography in Harrisonburg Virginia, contact our firm immediately for help.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Internet Sex Crimes Defense Virginia Cost Child Pornography Solicitation Minor

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Virginia Attorneys – Internet Sex Crime Defense Cost Child Pornography Solicitation Minor In Harrisonburg

So often, we are contacted by clients or their loved ones about being charged with an internet sex crime in Harrisonburg Virginia. The most common type of charges we are contacted about is child pornography or solicitation of a minor online. What determines whether the client is able to obtain representation from us is cost. You may ask why is cost a factor. The reality is that if you want skilled, qualified and experienced representation for an internet sex crime case, it is not going to be cheap.

Am I saying you are not going to find a lawyer in Harrisonburg, Virginia who can represent you for a lower cost? Absolutely not. You will also find lawyers in Harrisonburg, Virginia who will charge you two to three times what we charge for the same type of case.

What I am saying is that; do not think you are going to get qualified experienced representation for cheap. You need an attorney who not only understands computers, the internet and the technology behind the charge, but you also need an attorney who has defended numerous cases of this nature both at the federal and state level for a significant period of time.

Ask the attorney you are talking to in Harrisonburg, Virginia how long their firm has been defending cases of this nature. If the answer is, “Our firm has been defending child pornography and solicitation of minor cases for a year or two”, think carefully before you hire that attorney.

Also, if your attorney is willing to take a case for $5K to $9K, ask yourself how much experience the attorney has in this particular area of criminal law.

Internet sex crimes defense is a sub niche practice area of criminal law. Understanding the ins and outs of child pornography defense and solicitation of minor defense is critical to your defense. This understanding does not come cheap or with limited experience.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Virginia Sex Crime Defense Laws Sexual Minor Solicitation Assault Child Pornography

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Virginia Attorneys – Sex Crime Defense In Harrisonburg

REPRESENTING SEX OFFENSE CLIENTS IN VIRGINIA STATE AND FEDERAL COURTS

Lawyers in Harrisonburg Virginia Defending Sex Crimes

The Harrisonburg, Virginia defense attorneys of SRIS, P.C., have experience in sex crimes cases and all other aspects of criminal sex crimes defense.

It is important to seek a SRIS, P.C. defense lawyer if you have been charged with a sex crime in Harrisonburg, Virginia. A sex crime conviction in Harrisonburg, Virginia carries serious consequences, but there are solutions and defenses to these sex offense charges. The attorneys in our firm who defend clients charged with a sex crime in Harrisonburg, Virginia have experience necessary to defend individuals charged with sex offenses.

If you wish to consult a SRIS, P.C. defense attorney in Harrisonburg, Virginia, please simply contact us via phone at 888-437-7747. A defense lawyer in Harrisonburg, Virginia, will gladly consult with you regarding your sex offense charge.

Why is it important to have legal representation in sex crimes cases?

Legal representation is critical in sex crimes cases because with the social sentiment following anyone accused of a sex crime, you need a sex offense law attorney who is not affected by public opinion, and who can advise you of rights and protections you may be unaware of. Regardless of the charge, you deserve an opportunity to explain your side of the story, and clear your good name.

A Harrisonburg, Virginia lawyer of the Law Offices of SRIS, P.C. will question every part of the charge to force the prosecution to prove every element of its sex offense case. The Harrisonburg, Virginia defense attorneys of SRIS, P.C. pledge to give relentless, aggressive representation to challenge every facet of the case so that you have the best defense possible.

The Harrisonburg, Virginia defense lawyers at SRIS, P.C., represent and defend clients in a wide range of sexual offense law cases, including: rape, child molestation, child abuse, date rape, FMS (False Memory Syndrome), indecent exposure, Münchhausen’s Syndrome by Proxy, sex offender registration, possession/distribution/sale of child pornography (kiddie porn), sexual battery, lewd conduct, spousal rape, statutory rape and internet sex crimes such as solicitation of a minor via internet (computer solicitation of a minor, sexual solicitation of a minor, use of a communication system to solicit a minor).

Clients receive individualized attention and professional legal representation.

At the Law Offices of SRIS, P.C., our Harrisonburg, Virginia defense attorneys handle each sex crimes matter tailored to the personal needs, concerns, and best interest of our clients. You can expect prompt replies to e-mails and phone calls. Our sex crimes defense lawyers are committed to offering honest and sound advice. Most important, our defense attorneys will defend and advocate your sex offense case aggressively and vigorously both in plea negotiations and in the courtroom.

Our defense attorneys and staff in Harrisonburg, Virginia, speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

For more information or to make an appointment with SRIS, P.C. defense lawyer, please call us at 888-437-7747.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Virginia Possession Child Pornography Laws Internet Sex Crime Laws Receipt Distribution Computer Sex Crime Kiddie Porn

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VIRGINIA LAWYERS – CHILD PORNOGRAPHY & INTERNET SEX CRIMES DEFENSE IN HARRISONBURG

Defending Cyber Crime Sex Charges In Harrisonburg Virginia

If you have been charged with a Harrisonburg, Virginia computer sex crime that is facilitated by the use of the internet in Harrisonburg, Virginia then you have been the targeted for prosecution by a special internet sex crimes task force. Defending clients accused of an internet sex crime in Harrisonburg Virginia requires the skills of a lawyer who is both an aggressive criminal defense lawyer and is extremely knowledgeable about computers and the internet. Our Harrisonburg, Virginia attorneys are skilled at both. The state governments and federal government have special task forces whose only job is to investigate computer sex crimes.

The Harrisonburg, Virginia attorneys of SRIS, P.C. are uniquely situated to defend clients accused of an internet sex crime. The Harrisonburg, Virginia attorneys at SRIS, P.C. are extremely knowledgeable about computers and they also have an entire internal IT department available to answer their queries regarding computers and the internet. Most people do not realize that Harrisonburg, Virginia are starting to prosecute people accused of a sex crime with an attitude of no mercy.

In fact, even the local counties and cities in Harrisonburg, Virginia are starting up internet sex crimes task forces. Due to the worldwide presence of the web, a person who is accused of breaking a law regarding an internet sex crime can be prosecuted in an entirely different part of the state or even another state or country.

Each state has different laws regarding internet sex crimes. Additionally, the federal government also prosecutes internet sex crimes. Most jurisdictions in Harrisonburg, Virginia are now taking the position that if a person accused of an internet sex crime does not plead guilty to the charges as presented, then they will simply turn the case over to the Feds (federal government) for prosecution. The state governments are leveling this threat because they are aware that most attorneys are not willing to take on the federal government if it decides to prosecute a case. If you have been charged with a sex crime in federal court, you can count on our attorneys to defend you in federal court. We have the experience to defend you against any type of computer sex crime in federal court.

The Law Offices of SRIS, P.C. has represented many clients charged with the following types of sex crimes in Harrisonburg, Virginia:

• Internet Child pornography
• Stalking charges facilitated through the internet
• Solicitation of a minor via chat room
• Entrapment by Police Officers posing as juveniles on line

If you believe you have been targeted for prosecution for an internet sex crime in Harrisonburg Virginia, contact us immediately. Do not talk to law enforcement without the protection and guidance of a skilled attorney who is knowledgeable about internet sex crime prosecution.

INTERNET CHILD PORNOGRAPHY (KIDDIE PORN, CHILD PORN) DEFENSE

Child Pornography is a violation of federal and state laws. Production of child pornography, receipt of child pornography, possession of child pornography, distribution or sale of child pornography are computer sex crimes that are prosecuted aggressively. In the past, child pornography was not a highly prosecuted crime. However, due to the increased use of computer technology and the internet, it has become increasingly easier to possess, receive, produce or distribute child pornography. Any actual use of a child in pornographic material is a crime. Both the federal government and the state governments are aggressively prosecuting those who are charged with child pornography. The penalties in federal court for those who are convicted of child pornography are extremely severe.

If you wish to speak with a SRIS, P.C. Harrisonburg, Virginia attorney who defends clients charged with child pornography, please call us at 888-437-7747.

Our Harrisonburg, Virginia attorneys who defend those charged with child pornography and staff speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Virginia Child Pornography Possession 18.2-374.1:1 Felony VA Lawyers

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Virginia Code 18.2-374.1:1 Possession Child Pornography

Possession of child pornography is a very serious charge in Virginia. It is a felony in Virginia and it will result in you having to register on the sex offender registry for the rest of your life. If you have been charged with violating Virginia Code 18.2-374.1:1, do not compromise on the quality of the Virginia attorney you hire to defend you.

The SRIS Law Group Virginia attorneys who defend clients charged with possession of child pornography in Virginia or distribution of child pornography in Virginia are very experienced at defending clients charged with violating Virginia Code Section 18.2-374.1:1.

Contact us at 888-437-7747.

Some of our Virginia lawyers have been on national newspapers & TV for defending clients charged with sex crimes such as possession of child pornography.

VA Code Section § 18.2-374.1:1. Possession of child pornography; penalty.

A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.

B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.

C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.

D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Punishment Possession Child Pornography Virginia

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Punishment For Possession Of Child Pornography – Virginia Lawyers

If you are concerned about the Punishment For Possession Of Child Pornography in Virginia, contact our law firm immediately for help.

Punishment For Possession Of Child Pornography – Virginia Attorneys

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Richard v. Commonwealth

Facts:

The Circuit Court of Harrisonburg (Virginia) convicted defendant on twenty-four counts of possession of child pornography, in violation of Va. Code Ann. § 18.2-374.1:1 and an punishment of twenty-four months sentence in prison was imposed. Defendant appealed.

If you are facing a criminal case in Harrisonburg, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

• In order to convict a defendant of possession of child pornography, the Commonwealth is required to prove beyond a reasonable doubt that he knowingly possessed any sexually explicit visual material utilizing or having as a subject a person less than 18 years. Va. Code Ann. § 18.2-374.1:1.
• An ex post facto law has been defined as any statute which punishes as a crime an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense available according to law at the time when the act was committed. The mark of an ex post facto law is the imposition of what can fairly be designated punishment for past acts.

Punishment For Possession Of Child Pornography – Virginia Attorneys

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Child Pornography Internet Laws Virginia

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Child Pornography & Internet Laws – Virginia Lawyers

If you are concerned about a Child Pornography Charge & the Internet Laws in Virginia, contact our law firm immediately for help.

Child Pornography Charge & the Internet Laws – Virginia Attorneys

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Arthur v. Commonwealth

Facts:

Following a jury trial, the Circuit Court of Harrisonburg convicted defendant under Virginia law of one count of possession of child pornography downloaded from the internet and eighteen counts of possession of child pornography, second or subsequent offense, in violation of Va. Code Ann. § 18.2-374.1:1. Defendant appealed.

If you are facing a criminal case in Harrisonburg, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

• In reviewing the denial of a motion to suppress based on the alleged violation of an individual’s Fourth Amendment rights, an appellate court considers the facts in the light most favorable to the Commonwealth. The burden is on a defendant to show that the trial court committed reversible error
• The Fourth Amendment of the United States Constitution requires that a search warrant be based upon probable cause. To support probable cause for a warrant to search a residence, an affidavit must establish, with a fair probability, a link between contraband and the residence to be searched.
• Suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule, to deter police misconduct.

Child Pornography Charge & the Internet Laws – Virginia Attorneys

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Child Pornography Penalties Virginia

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Child Pornography Penalties – Virginia Lawyers

If you are concerned about a Child Pornography Charge & the Penalties in Virginia, contact our law firm immediately for help.

Child Pornography Charge & the Penalties – Virginia Attorneys

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Martin v. Commonwealth

Facts:

The Harrisonburg Circuit Court (Virginia) entered a final judgment of conviction and imposed penalties after defendant was found guilty of possession of child pornography and using a communications system for the

solicitation of a person he knew, or had reason to believe, was a minor, for certain sexual offenses, in violation of Va. Code Ann. § 18.2-374.3(B). Defendant appealed

If you are facing a criminal case in Harrisonburg, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

• Although agreements to engage in illegal conduct undoubtedly possess some element of association, the State mayban such illegal agreements without trenching on any right of association protected by the First Amendment. The fact that such an agreement necessarily takes the form of words does not confer upon it, or upon the underlying conduct, the constitutional immunities that the First Amendment extends to speech. Finally, while a solicitation to enter into an agreement arguably crosses the sometimes hazy line distinguishing conduct from pure speech, such a solicitation, even though it may have an impact in the political arena, remains in essence an invitation to engage in an illegal exchange for private profit, and may properly be prohibited.
• Offers to engage in illegal transactions are categorically excluded from First Amendment protection. There is noauthority which extends First Amendment protection to a solicitation to commit an act lawfully prohibited by statute. Reasonable prohibitions against soliciting unlawful acts do not violate free speech rights. Because First Amendment protection does not extend to statements made in the solicitation of criminal acts, laws prohibiting solicitation of criminal acts do not reach protected speech.

Child Pornography Charge & the Penalties – Virginia Attorneys

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
1-434-509-4004

Harrisonburg Virginia Child Pornography Prosecution

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Child Pornography Prosecution – Virginia Lawyers

If you are concerned about a Child Pornography Prosecution in Virginia, contact our law firm immediately for help.

Child Pornography Prosecution – Attorneys In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Mills v. Commonwealth

Facts:

The jury of the Circuit Court of Harrisonburg, Virginia, indicted defendant on eight counts of possession of child pornography and four counts of production of sexually explicit items involving children. Prior to trial, defendant moved the court to quash the felony indictments. The trial court overruled the motion. Defendant appealed..

If you are facing a criminal case in Harrisonburg, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

• U.S. Const. amend. V provides that no person shall be subject for the same offense to be twice put in jeopardy of life or limb. Accordingly, an accused may not be subjected to (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense..
• When considering multiple punishments for a single transaction, the controlling factor is legislative intent. The legislature determines the appropriate unit of prosecution and sets the penalty for separate violations. Therefore, although multiple offenses may be the same, an accused may be subjected to legislatively ‘authorized cumulative punishments. It is judicial punishment in excess of legislative intent which offends the double jeopardy clause.

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Article written by A Sris
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