Legal Question in Criminal Law in Virginia

a 40 year old looking at child prono and saving it on computer

over the weekend i found out a friend of mine was looking at child pron and have questions because he has a 10 year old girl at home is there a law about saving this on your computer,or having this in your house in the state of Va.

Asked on 3/28/05, 9:50 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
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Re: a 40 year old looking at child prono and saving it on computer

If you believe someone has "child porn" saved on his computer, call the police.

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Answered on 3/28/05, 3:58 pm
Fred Kaufman Fredrick S. Kaufman, Esquire
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Re: a 40 year old looking at child prono and saving it on computer

Virginia Law

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.

I hope this helps

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Answered on 3/28/05, 8:09 pm


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