MD vs. VA Child Pornography Solicitation Of Minor Laws
Child solicitation in the United States is the crime of soliciting or luring or attempting to lure, regardless of the outcome, a child into sexual activity with an adult. The definition of a “child” with regard to this crime will vary somewhat between states according to different ages of consent.
The most commonly accused computer sex crimes in the US are child pornography sex crimes and solicitation of minor sex crimes. These two charges have multiple acts that make this kind of activity criminal in Virginia and Maryland and in the Federal System.
There are serious penalties associated with various child pornography charges in Virginia and Maryland and it is important to know what you may be facing if a criminal case arises. There has to be knowledge of possession of the illegal image and there must be some evidence, either direct evidence or circumstantial evidence, to show that the accused knew the content of the material.
The statutory definition of child pornography in Virginia and Maryland is sexually explicit visual material, which utilizes or has a subject, of a recognizable minor. They describe a recognizable minor as a person who was a minor at the time that the visual representation was actually adapted, created or modified or whose image as a minor was used in adapting, creating or modifying the visual representation and who is recognizable as an actual person by the person’s face, likeness or other distinguishing characteristics.
If you have been charged with soliciting, possessing or distributing child pornography or currently under investigation, it is strongly advisable to seek skilled legal counsel as soon as possible. Your life, freedom, and reputation may depend on it. Additionally, if you receive a conviction either at the state or federal level, you will most likely be required to register as a sex offender. Depending on the conditions of the crime, child pornography penalties can be prosecuted in state or federal court. In either event, penalties can lead to years in jail and fines that can run into six figures.
Prosecution of child pornographers can be pursued through many agencies, which include the Department of Justice, the FBI, the U.S. Customs, the U.S. Postal Inspection Service, the U.S. Attorney General, state attorneys general, local prosecutors, and state and local law enforcement.
In any child pornography case in Virginia or Maryland, the government will have to prove at least four elements. The first thing the prosecuting attorney will need to prove is that the individuals in the images were indeed minors. In some cases, the prosecution can meet this burden of proof just based on the appearance of the individuals alone, particularly for very young children.
The fact that the computer or other electronic device belonged to the defendant is obviously relevant, but not always dispositive. The prosecution must also prove beyond a reasonable doubt that no one except the defendant could have put them there.
If you need the help of a Virginia sex crimes lawyer in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Culpeper, Charles City, Frederick (Winchester), Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a lawyer about your options.
If you need the help of a Maryland sex crimes lawyer in Montgomery County, Charles County (Waldorf), Rockville, Bethesda, Howard County, Baltimore County, City of Baltimore, Anne Arundel County (Annapolis), Ellicott City or Frederick, do not hesitate to call us for a consultation.
If you wish to consult a Law Offices Of SRIS, P.C. Maryland/Virginia sex crimes attorney, call us at 855-696-3348.