Federal Child Pornography Defense – Virginia Lawyers

There are many different penalties for a Federal Child Pornography Charge in Virginia.

If you have been charged with a Federal Child Pornography Charge in Virginia, contact our law firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Federal Child Pornography Defense 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 experience and skills necessary to assist you.

Virginia Federal Child Pornography Defense Henrico
Virginia Federal Child Pornography Defense Henrico

Hillard v. United States

Facts:

Defendant was charged with one count of pandering child pornography under 18 U.S.C.S. § 2252A (a)(3)(B) and one count of possessing child pornography under § 2252A(a)(5)(B). He pleaded guilty to both counts but reserved the right to challenge the constitutionality of the pandering conviction. The United States Court of Appeals for the Fourth Circuit held that § 2252A(a)(3)(B) was both overbroad and impermissibly vague. Certiorari was granted.

If you are facing a criminal case in Federal Court, 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:

  • Generally speaking, 18 U.S.C.S. § 2252A(a)(3)(B) prohibits offers to provide and requests to obtain child pornography. The statute does not require the actual existence of child pornography. Rather than targeting the underlying material, this statute bans the collateral speech that introduces such material into the child-pornography distribution network. Thus, an Internet user who solicits child pornography from an undercover agent violates the statute, even if the officer possesses no child pornography. Likewise, a person who advertises virtual child pornography as depicting actual children also falls within the reach of the statute.
  • The pandering and solicitation made unlawful by 18 U.S.C.S. § 2252A(a)(3) are sorts of inchoate crimes–acts looking toward the commission of another crime, the delivery of child pornography. As with other inchoate crimes–attempt and conspiracy, for example–impossibility of completing the crime because the facts were not as the defendant believed is not a defense.
  • 18 U.S.C.S. § 2252A(d) provides an affirmative defense to the possession ban if a defendant promptly delivers child pornography to a law-enforcement agency.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Federal Child Pornography Defense 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 experience and skills necessary to assist you.

Henrico Court House Detail:

Henrico Circuit Court

P. O. Box 90775
4301 East Par Road,
Henrico, VA 23273-0775

Henrico General District Court

P. O. Box 90775
4301 East Par Road,
Henrico, VA 23273-0775

Henrico Juvenile and Domestic Relations District Court

4201 E. Par Road,
Henrico, VA 23228-2745
P.O. Box 90775 Henrico, VA 23273-0775

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.