Tysons Corner, VA Child Pornography Lawyer

Accusations of offenses involving child pornography are some of the most serious charges a person can face in Virginia. When law enforcement officials contact a person, inform them of accusations related to child pornography, or take steps to search their property and seize their devices, it is important to act quickly to make sure a person's rights will be protected and begin building a legal defense.

At Noorishad Law, P.C., our lawyer can provide representation for people in Tysons Corner who have been accused of possessing, distributing, or producing child pornography. He knows how isolating these accusations can be and how charges may affect a person's life, career, and relationships. He will provide guidance on the best options for defense that may be available while working to defend against a conviction that could lead to a lengthy prison sentence, lifetime registration as a sex offender, and other serious penalties.

Why Child Pornography Is Referred to as Child Sexual Abuse Material

For many years, the term "child pornography" has been used to describe images and videos depicting minors engaging in sexually explicit behavior. However, many law enforcement agencies and other public officials have shifted toward using the phrase "child sexual abuse material" (CSAM).

This change reflects changing attitudes toward pornography, with many people finding that materials depicting adults engaging in sexual conduct are acceptable. The use of CSAM may distinguish illegal child pornography from legal pornography depicting adults. The updated term is also meant to be a better description of the harm involved in the creation of these materials. Because of the increasingly harsh stance taken toward child pornography, people who are accused of CSAM-related offenses may be more likely to face severe penalties when they are convicted of sex crimes involving children.

In recent years, some child pornography cases have involved materials created using AI or other software tools without the involvement of actual children. However, these materials may still lead to criminal charges if they allegedly depict minors who can be identified. People who are accused of taking existing photos or videos of children and manipulating them to make it appear as if the children are engaging in sexual conduct may face charges similar to those that would apply to people who produce, distribute, or possess materials created by filming or photographing children.

Penalties for Production of CSAM

A person who has been accused of creating child sexual abuse material or participating in its creation in any way may face some of the most serious charges that can apply for child pornography offenses. These charges may involve accusations that a person directly photographed or filmed minors as they engaged in sexual behavior, that a person took actions to coerce a child into creating child pornography, that a parent or another adult who was responsible for a child allowed CSAM to be produced, or that a person earned a profit by financing the creation of child pornography.

A person who is convicted of an offense involving CSAM production in Virginia involving a child under the age of 15 may face a prison sentence ranging from five to 30 years. If an offense allegedly involved a child between the ages of 15 and 18, a person may be sentenced to one to 20 years in prison. The potential sentence may increase if a person accused of CSAM production is at least seven years older than the child depicted in the materials or if a person is convicted of a second or subsequent offense.

CSAM Distribution Charges

Offenses involving the distribution of child pornography may address a wide range of conduct. In many cases, people who are accused of these offenses may not have planned to intentionally share or distribute CSAM. They could be charged with an offense based on allegations of activities such as:

• Uploading files to a cloud storage account without realizing that files would be automatically synced to different devices or that other users would be able to access these files.
• Using file-sharing software that automatically downloads certain files and makes them available to other users on the same network.
• Forwarding a message or file through email or a messaging application without fully reviewing its contents.
• Selling or exchanging physical media, such as printed photographs or discs, without a full understanding of what was contained in these materials.
• Sharing a device with another person who distributed CSAM without the device owner's knowledge.

To convict a person of CSAM distribution, a prosecutor must show that they knowingly distributed the material. The specific facts about how certain files were shared and whether a person understood what was being shared may be addressed when developing a defense strategy.