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Last Modified on Apr 21, 2026
Facing criminal child pornography charges can be difficult to understand, as they involve complex Virginia child pornography laws and legal definitions. If you have been charged with possession, you may be wondering, “Can you be charged with child pornography without intentionally searching for it in Virginia?” While the simple answer is yes, the reality of these cases can be much more complex. Whether you are facing state or federal child pornography charges, Johnson/Citronberg can provide detailed guidance and counsel.
Understanding Child Pornography Charges
According to Virginia child pornography laws, you can be charged with child pornography if you possess, distribute, sell, receive, or produce sexually explicit materials involving a minor. To be charged with possession, you must knowingly possess child pornography, even if you did not intentionally search for or download the material. Additionally, receiving, producing, distributing, and selling can all occur, regardless of whether you were searching for illegal material.
Of federal child pornography charges, 45.8% of cases involved possessing child pornography. In Virginia, exploiting children occurred in 1,062 crimes involving pornography or obscene material.
How Police Analyze Search Records and Other Digital Data
Law enforcement can analyze your digital footprint and data records to uncover your search and download history. In Virginia, the Virginia State Police, the Federal Bureau of Investigation, and over 52 other local, state, and federal agencies can all be involved in a child pornography case. A key part of how police track online child pornography cases in Virginia involves identifying IP addresses linked to illegal platforms.
These agencies have a significant number of resources and computer information professionals who can recover evidence from digital records. Often, law enforcement first identifies IP addresses with activity on child pornography online platforms or services. Once an IP address is linked to child pornography in Virginia, they can identify a general geographic location and an internet service provider.
By tracking this IP address, they can identify a general geographic location and an internet service provider. Then, they may obtain the personal information attached to that IP address from the internet service provider by using a subpoena. Now, they have the personal information to locate the individual behind the illegal activity.
Once they know who is responsible, they may search their property, interview them, or seize their electronics for further investigations. During this stage, digital forensics can strengthen your federal child pornography defense by identifying deleted or temporary internet files that may tell a different story than what the police allege.
With access to the electronic devices the offender used, it can be easier to access specific data history to piece together a detailed record of their online activity and child pornography offenses. They may look for evidence such as:
- Search history
- Download history
- Viewed files
- Records of what websites and computer applications were used
Why You Should Hire a Child Pornography Lawyer
Virginia child pornography laws and investigations can be difficult to navigate. A lawyer can help you by:
- Defending your rights. When you are arrested for child pornography, you should contact a lawyer as soon as possible. An experienced child pornography lawyer can protect your right against self-incrimination and unlawful search and seizure. Their guidance on what to say and do during an investigation can prevent law enforcement from gathering unnecessary evidence against you, which may make it difficult to defend against your charges.
- Analyzing evidence. A lawyer can analyze the evidence against you to see if there are any weaknesses in it. If they find illegally obtained evidence, such as evidence gained through an illegal seizure of your electronic devices, they can file a motion to prevent it from being used in court. They can also tell if there is insufficient evidence to support an argument against you.
- Developing a defense. If you hire a child pornography lawyer, they can examine the details of your case to formulate a defense. Your legal strategy may be founded on police misconduct and illegal evidence. Other defenses could involve proving that the material was not yours or that possession occurred by accident if malware or spam put illegal material on your device.
- Pursuing a favorable outcome. Ultimately, a child pornography attorney can pursue outcomes such as:
- Not-guilty verdicts
- Dismissed charges
- Reduced charges
- Lighter penalties
FAQs
Can the Police See What You Search for on the Internet?
Yes, the police can see what you search for on the internet, though they require authorization to do so. With probable cause and a judge’s approval, police officers can obtain a warrant or subpoena that authorizes them to view your search history. This may involve searching your personal electronics, but it is more often done through a subpoena to an internet service provider or tech company, such as Google, Apple, or AT&T, to obtain a record of your searches.
What Is the Statute of Limitations for a Child Pornography Charge in Virginia?
In Virginia, Felony child pornography charges do not have a statute of limitations. This means you may be charged for a crime, no matter how long ago the child pornography offense occurred. A child pornography case can have a long investigation, which may lead to many offenders not being charged if there were a statute of limitations. However, without a statute of limitations, it can increase your exposure to these charges, even years after the offense occurred.
What Is Illegal to Browse on the Internet?
With child pornography charges, any explicit material or child sexual abuse material (CSAM) is illegal to browse. This includes instances where you were specifically searching for child pornography or simply browsing and coming across this material. Viewing, downloading, producing, or otherwise engaging with this material can lead to criminal charges.
What If You Did Not Know That There Was Child Pornography on Your Device?
If you were unaware of child pornography on your device and were not involved with it, you should hire a child pornography lawyer to build a defense. This may have been possible if you are not the only person with access to a device, or it may have occurred due to malware, spam, or a hacker. A child pornography attorney can present evidence of your lack of awareness or challenge whether the prosecution can prove that you downloaded the material.
Learn How Johnson/Citronberg Can Build a Strong Defense Against Your Charges
Johnson/Citronberg has years of experience in defending against serious criminal charges in both state and federal courts. We can work tirelessly to pursue dismissed and reduced child pornography charges, which can prevent our clients from facing the strict federal and Virginia penalties, such as prison and heavy fines. Our caseload is small to provide personalized attention to each detail of your case and build the defense you need, no matter your charges.
If you are looking for guidance when facing child pornography charges, contact Johnson/Citronberg for a confidential case evaluation.
