Richmond Child Pornography Lawyer
Last updated on August 28, 2026
The laws that address child pornography and the sexual exploitation of minors are extremely strict. It is illegal to produce any visual depictions of these acts, as it is illegal to possess or distribute them physically or digitally – through the mail or via computer. Anyone who knowingly possesses, creates, distributes, transports, sells or intentionally views child pornography could face very serious criminal charges.
Here at The Law Office of Cosby & Calhoun in Richmond, our attorneys have over 50 years of combined experience representing Virginia clients facing serious criminal charges, including child pornography. We keep our caseload small, so you can trust us to give your case the time and effort it deserves. A conviction on such charges could go on your permanent record and have severe ramifications, including registration on the sex offenders’ list. You must know what defense options you have.
What Constitutes Child Pornography Under Virginia Law?
Under Virginia law, specifically Virginia Code § 18.2-374.1 and § 18.2-374.1:1, the state defines child pornography as “sexually explicit visual material” depicting a person under 18. The depiction or image can be of any media, including:
- Photographs
- Digital images
- Videos
- Drawings
- Computer generated images
Furthermore, and this is the part that is important for a potential defense, the image must be of someone “demonstrably” under 18. So what is demonstrably under the law? That can be a less straight forward definition, especially in drawings and digital depictions. In a given child pornography charge, there is a lot of uncertainty, and but you still have rights, including the presumption of innocence.
Our Richmond Defense Lawyers Can Fight Against All Types Of Child Pornography Charges
Child pornography charges are a serious matter, and even an accusation of such can be ruinous to you. But we’re here to help you in defending against any type of child porn charge, including:
- Production or creation
- Possession
- Distribution
- Transportation
Each of these charges carries distinct penalties and there is a potential that the same investigation will yield federal charges, for the same acts. This “stacking” of charges is possible because the federal and state charges are from different jurisdictions, which allows the circumvention of “double jeopardy.”
State Vs. Federal Charges For Child Pornography
Each state has its own laws. In Virginia, production and publication refer to any “sexually explicit visual material” of someone demonstrated to be under 18. This could include pictures, drawings, photographs, digital images, films, sculptures and more. For a first offense, sentencing ranges from five to 30 years.
Due to interstate commerce, federal law takes jurisdiction when child pornography crosses state lines. A first offense on federal production charges carries a potential sentence of 15 to 30 years of imprisonment. For a first offense of transporting child pornography, perhaps with the intent to distribute, the sentence could range from five to 20 years. Sentencing escalates for subsequent charges.
Contrary to popular belief, it is possible to defend yourself against federal child pornography allegations. Our lawyers can explain your defense options, such as questioning federal investigative methods and exploring the possibility of proving the materials did not belong to you.
Do You Have To Register As A Sex Offender After A Child Pornography Conviction?
Generally speaking, yes. If you are convicted of child pornography charges, then there is a great chance you will have to register as a sex offender. However, there are many circumstances that can change this outcome, including having your charges reduced to a non-sex crime violation. Please remember, registration is only a result of a conviction, and not simply facing a charge. And you are innocent until the state can prove your guilt, and that is where we do our work.
Legal Support From Richmond Child Pornography Attorneys
Your future may look dark, but with our attorney’s 50 years of combined experience and deep knowledge of Virginia criminal law, it can be brighter than you imagine. Call our Richmond office at 804-780-0311 or email us to get the personalized legal guidance you need.