Burke Child Pornography Defense Lawyer

When law enforcement officials investigate alleged sex crimes, including cases involving child pornography, people accused of these offenses may not know how to respond. Officers may believe that a person has downloaded pornographic materials depicting minors, shared these materials with other people, or been involved in photographing or filming children in sexual situations. Because of the serious nature of these allegations, people who have been accused of child pornography offenses will need to understand their options for defense.

At Noorishad Law, P.C., our attorney understands the difficulties people face when they have been accused of offenses related to child sexual abuse materials (CSAM). He has the skills and experience needed to defend against these charges while protecting clients' rights. He can review how investigators gathered evidence and how devices were searched, and he build a strong defense to help avoid a conviction.

Materials That Can Lead to Child Pornography Charges

Child sexual abuse materials may include any types of visual material that depicts an identifiable minor engaging in behavior that is considered to be sexually explicit. Child pornography may include photographs, videos, digital images, and other visual depictions of minors under the age of 18. It may involve minors engaging in sexual intercourse or other sexual conduct, including nudity.

Child Pornography Charges and Penalties in Virginia

Possession of CSAM

Knowingly possessing child pornography may lead to Class 6 felony charges. However, prosecutors may file a separate count of CSAM possession for each image or video that a person allegedly possessed. Allegations involving the possession of a large number of photos or videos could lead to a much longer sentence.

Distribution of CSAM

Reproducing, selling, or sharing child pornography is a more serious offense, and a person who is convicted could be sentenced to between five and 20 years in prison. These charges may also apply if a person allegedly possessed CSAM with the intent to distribute it to other people. In many cases, the possession of a large number of materials may be considered to demonstrate an intent to distribute CSAM.

Production of CSAM

Charges related to the creation of child pornography are often treated more seriously than accusations of possession or distribution of CSAM. A person could be charged with an offense based on accusations that they filmed or photographed minors engaging in sexual conduct, persuaded a minor to take part in the creation of child pornography, or provided financing to create child pornography. A conviction on charges related to CSAM production could lead to a sentence lasting between five and 30 years in prison.

How CSAM Investigations Are Handled

Online Monitoring and Tips

Many investigations into CSAM offenses begin when reports are made to the National Center for Missing and Exploited Children. Internet companies are required to report CSAM that they discover on their platforms. After receiving reports, officers may look into the online activities of a certain person, or they may monitor traffic related to a specific device or WiFi network.

Law enforcement agencies may also monitor public networks that may be used to distribute child pornography. Officers may run undercover operations online, attempting to communicate with people who are suspected of CSAM offenses to determine if they are attempting to download or distribute child pornography. In some cases, files may be shared publicly, and officers may be able to observe activity without obtaining search warrants. In other situations, officers may use subpoenas, court orders, or warrants to obtain records from internet companies and identify potential CSAM offenses.

Home Searches and Device Seizures

After identifying a person who is suspected of possessing or distributing child pornography, officers may search their home and seize their devices. A search warrant may allow officers to seize computers, phones, tablets, gaming consoles, or other electronic devices. They may then work with digital forensics experts to review the data stored on devices, internet browsing history, the use of file-sharing apps, and other information as they identify CSAM and determine whether criminal charges may be filed.