Harrisonburg Child Pornography Lawyer

Where your case will be prosecuted and heard is dependent on whether it is being tried at the state or federal level. Our dedicated criminal defense team has decades of combined experience successfully providing clients facing child pornography charges with an experienced, discreet, and fierce legal defense. We can help you understand whether your case is being tried at the state or federal level and assist you with tailoring your legal strategies accordingly.

As many child pornography cases involve internet transmission across state lines or the involvement of federal law enforcement investigatory agencies, they are commonly prosecuted at the federal level. If you are a resident of Harrisonburg facing federal child pornography charges, your case will likely be heard in the U.S. District Court for the Western District of Virginia, Harrisonburg Division.

Your federal pornography charges may include the following:

• Possession of child pornography under 18 U.S.C. § 2252
• Receipt or distribution using the internet, which comes with a 5-year mandatory minimum
• Production or attempted production of pornographic material, which comes with a 15-year mandatory minimum

Federal cases are commonly investigated by agencies like Homeland Security Investigations (HSI), the Internet Crimes Against Children (ICAC) Task Force, and the Federal Bureau of Investigation (FBI).

If your charges are kept at the state level in Virginia, and you are a resident of Harrisonburg, you will likely have your case heard at the Harrisonburg Courthouse and prosecuted in Rockingham County Circuit Court. State child pornography charges we can help you defend against include the following:

• Possessing or viewing under Code of Virginia 18.2-374.1:1
• Distribution or reproduction under 18.2-374.1
• Soliciting minors electronically under 18.2-374.3

Although the penalties for state charges are not as severe as those that come with federal offenses, they are still extremely serious. You could still be facing decades in prison, indefinite probation, mandatory registration as a sex offender, and severe restrictions on internet usage.

Child pornography offenses that are linked to internet usage – such as possession or distribution – commonly happen in areas where digital access is ubiquitous. According to recent data from the U.S. Census, Harrisonburg had an estimated population of over 51,000 in 2023, with high rates of digital connectivity: 94.8% of households have a computer, and 83.5% have broadband internet access.

With a higher percentage of household internet access comes an increased likelihood of stringent digital surveillance, monitoring of peer-to-peer networks, and unexpected sting operations. This also increases the risk of accidental downloads driven by malware, misuse of digital devices by others in the home, and potential mistaken identity – all of which are extremely valuable criminal defense strategies.

Unfortunately, most people don’t realize that they’re being investigated until it is too late. Charges for child pornography in Harrisonburg commonly stem from tips from the federal government shared with local law enforcement agencies, cloud storage companies that report illegal files, IP addresses that are flagged by peer-to-peer networks, and seizure of digital devices following an investigation.

Whether you have found yourself to be the subject of a search warrant, been visited by Homeland Security agents, or received a target letter, it is crucial to speak immediately with a Harrisonburg child pornography attorney. We can help you start building up your defense and ensure your rights and interests are protected.

What Is the Mandatory Minimum Sentence for Federal Child Porn Charges?

The mandatory minimum sentence for federal child porn charges is dependent on the type of charges you are facing. For the receipt or distribution of child pornography, federal law imposes a 5-year mandatory minimum sentence. Production crimes come with a required 15-year minimum sentence. An experienced attorney can help you understand the penalties you may be facing for charges.

Will I Have to Register as a Sex Offender in Virginia?

Yes, if you have been convicted of a Virginia child pornography crime, you will likely be required to register as a sex offender in the state. Virginia law requires most child pornography offenders to register in the Virginia Sex Offender and Crimes Against Minors Registry for life. This is a public registry that includes information such as your picture, address, and details of the offense.

Can I Be Charged for Viewing Images Online Without Downloading Them?

Yes, you can potentially be charged for viewing images online, even if you did not download them. This is because federal courts may consider cached images or temporary files on your device to be considered a possession offense. A detail-oriented attorney can help you leverage key elements in your defense, focusing on intent and knowing access.

If you or someone you love has been arrested for child pornography-related offenses in Harrisonburg or if you believe you are under investigation, time is of the essence. A dedicated Harrisonburg child pornography lawyer from Johnson/Citronberg, PLLC, understands the complexity of digital evidence, federal child pornography sentencing guidelines, and the local legal landscape. We can leverage this knowledge and these tools to help you fight back.

Contact us today to schedule your free and confidential consultation.