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Last Modified on Dec 22, 2025
Possession vs distribution of child pornography in Virginia is a common question for many when facing an investigation or charge. While all offenses related to child sexual exploitation in Virginia are treated seriously, they are not all viewed the same by the law.
How Virginia law classifies any offense is significant, as it factors into how a case is prosecuted, what penalties may apply, and what defenses may be available. If you or a loved one is under investigation, understanding Virginia’s classification of these offenses is the first step to creating a strong defense.
About Johnson/Citronberg
Johnson/Citronberg represents individuals in sexual-offense investigations and prosecutions all over Virginia, including in the Fairfax County Courthouse, the Arlington Circuit Court, and elsewhere in Northern Virginia
We use our experience with digital forensics and our tenacious advocacy to serve our clients at every stage of the criminal process. We are discreet and prompt in our work, whether you are under investigation or have already been charged with a crime.
How Child Pornography Is Defined in Virginia
According to Va. Code 18.2-374.1, child pornography refers to any visual depiction, such as photographs, films, or digital media, which shows children involved in sexual behavior without needing to show identifiable children. In fact, images of apparent children that are made through computers and other technology are often covered by criminal laws.
The state also criminalizes the possession of photographs, videos, and other images on phones, computers, tablets, cloud accounts, external hard drives, USBs, and social media. The prosecution doesn’t always need to prove that you intended to access, download, or distribute the material. If illegal images are found on a phone or computer that you own or control, the police will often take that as proof of possession in the absence of exonerating evidence to the contrary.
Child pornography laws in Virginia are so broad that a routine digital search at home or work, a cloud-storage sync gone awry, or even a botched file download can end up as a criminal investigation. That’s why it’s so important to hire a skilled child pornography lawyer from the very beginning.
What Is Possession of Child Pornography?
Possession of child pornography is most often used to refer to having illegal images on your device or in your online accounts. Virginia law makes it illegal to knowingly possess child pornography or knowingly access child pornography. This means that you can be charged even if you never actually downloaded the image. You may have only viewed it online or opened it after clicking a link. Prosecutors must be able to prove each of the following elements of possession:
- The material contains or looks like it includes a minor.
- The defendant actively held or accessed the material.
- The material falls within one of the categories more thoroughly defined by the law.
Of those convicted of child pornography in the country, 45.8% were sentenced for possession, 43.1% for trafficking, and 11.1% for receiving. Despite all of this, possession is still generally treated as less serious than distribution. Prosecutors can upgrade a possession case to distribution status if they determine images were transferred in any way, including accidental sharing. Talk to a skilled Possession of Child Pornography lawyer to get more information.
What Is the Distribution of Child Pornography?
Distribution of child pornography is defined as sharing, sending, uploading, selling, trading, or in any way providing illegal images to another person. Distribution is classified as an extremely serious felony under Va. Code 18.2-374.1, and the penalties are harsher where the investigation involves multiple files or evidence of communication with a minor.
Prosecuted conduct includes:
- Sending images through email or text messages
- Uploading images or videos online
- Automatically sharing or downloading files, particularly on peer-to-peer networks
- Setting up a device to sync with another user or another person’s account
- Trading images, whether for profit or not
It’s important to note that peer-to-peer file-sharing programs are set up to automatically distribute files without the user’s knowledge. This is often the basis of a distribution charge filed by prosecutors.
Sentences in a distribution of child pornography case will be much harsher than in a possession case. Penalties may include a lengthy prison sentence, lifetime sex-offender registration, and mandatory minimum penalties in some cases.
FAQs
What Does the Possession and Distribution of Child Pornography Mean?
Possession occurs when illegal material, such as child sexual exploitation material, is saved or stored on your computer, device, email, or social media accounts. Distribution is the act of sharing, sending, uploading, or providing illegal material to another person in any manner. Distribution is a more serious charge than possession in Virginia because it increases the availability of the illegal material.
What Is the Difference Between Receipt and Possession?
Receipt usually means taking affirmative action to obtain illegal material, such as downloading, accepting, or knowingly opening files. Possession means that the illegal material is located on a device or account. Receipt, at least through Virginia and federal law, can be punished more severely, because it is an intentional act. Possession does not always involve an affirmative act and can be the result of an unintentional act.
How Do I Beat a Child Pornography Possession Charge in Virginia?
You can beat a child pornography possession charge by challenging the prosecutor’s evidence on knowing possession. Defense counsel may look at malware, pop-ups, auto-downloads, shared devices, cloud-sync problems, uninvited visitors, or other issues that may have placed those files there. A defense team may scrutinize the validity of the search warrant and forensic processes as well.
What Is the Penalty for Distributing Child Pornography in Virginia?
Distribution of child pornography is a felony in Virginia and is penalized under the law. Typical penalties include a prison sentence, a substantial fine, registration as a sex offender, and restrictions on internet access. Distributing multiple files or using messaging apps and cloud storage services attracts harsher legal consequences. Distribution charges can also result from inadvertent sharing through peer-to-peer software.
Hire a Child Pornography Lawyer With Johnson/Citronberg Today
If you have been charged with possession or distribution of child pornography in Virginia, a child pornography attorney at Johnson/Citronberg can help you. We can assist you in building an appropriate defense that fights for your freedom, rights, and future. Contact us today for a consultation.
