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Last Modified on Nov 11, 2025
Facing allegations of possession or distribution of child pornography can be a stressful and confusing experience. When approaching your defense, it can be crucial to understand how law enforcement examines your case. Johnson/Citronberg is here to explain the Virginia federal child pornography investigation process and what steps you can take during the proceedings.
Overview of Virginia Child Pornography Cases
Child pornography is one of the most serious federal crimes you can be accused of. In 2024, the United States Sentencing Commission reported 61,678 total cases, with 1,375 involving child pornography. This represents a 34.4% increase since 2020. The average age of the offender was 41 years old, with 45.8% sentenced for possession, 43.1% for trafficking, and 11.1% for receiving material.
Child pornography charges encompass the trafficking, receiving, and possession of child sexual abuse material. Penalties for knowingly receiving or possessing abusive media are a prison sentence of 5 to 20 years for a first offense, and 15 to 40 years for a repeat offender. Trafficking or production carries longer sentences of 15 to 30 years for a first conviction, 25 to 50 years for a second, and 35 years to life for a third.
What Is the Virginia Federal Child Pornography Investigation Process?
Understanding the investigatory process for a Virginia federal child pornography case can be important in approaching your defense.
Initiation of the Investigation
Cases typically start with a tip to the National Center for Missing & Exploited Children (NCMEC). These tips can come from a social media platform, an internet service provider, a file-sharing program, or an anonymous report.
NCMEC reviews claims, then reports the incident to either state or federal authorities. The digital nature of most cases leads to data crossing state lines, automatically escalating the matter to a federal level. Investigations are handled through a multi-agency approach, with the FBI’s Crimes Against Children and Human Trafficking Unit (CACHTU), U.S. Attorney’s office, and local police working together.
Evidence Gathering & Arrest
The investigatory team will seek to collect evidence of any alleged activity. They can take a multi-level approach, with looks into online activity, both public and private, with cooperation from various platforms, as well as a search warrant for the accused’s residence. Law enforcement may seize any device and analyze it using digital forensics.
The investigation team will use evidence to decide on a charge, utilizing U.S. Code Statute 2251, U.S. Code Statute 2252, or U.S. Code Statute 2252A as the framework. Once established, law enforcement will arrest the accused.
Pretrial Negotiations & Sentencing
Negotiations are conducted before trial to see if an agreement can be made. Many federal child pornography cases are resolved at this stage, with a plea bargain agreed upon by both parties that lowers sentencing. If no agreement can be reached, the case proceeds to trial.
After a trial or a plea bargain, a judge decides on the final sentencing. Most child pornography charges carry minimum prison sentences lasting years. In addition to prison sentences, a convicted person is included in the federal sex offender registration system.
Hire a Federal Child Pornography Lawyer
Once arrested, it is highly recommended to hire a skilled Virginia federal child pornography lawyer. At this point, both sides will review the evidence and allegations. Experienced legal counsel can help you examine the validity of evidence and the investigation team’s conduct. This stage is crucial for all parties in building their cases.
At Johnson/Citronberg, we’ve spent decades assisting the people of Richmond, Alexandria, Arlington, and throughout Virginia in their federal child pornography cases. Our team has over thirty years of combined legal knowledge and experience and has been rated AV Preeminent by Martindale-Hubbell.
FAQs
How Do Federal Agencies Initiate and Conduct Child Pornography Investigations in Virginia?
In Virginia, most federal child pornography cases are initiated by a report to the National Center for Missing & Exploited Children (NCMEC). They then report the issue to federal authorities. A mix of parties is involved in investigations, including local law enforcement, the U.S. District Attorney’s office, and the FBI’s Crimes Against Children and Human Trafficking Unit (CACHTU).
What Is the Average Sentence for a Federal Child Pornography Conviction in Virginia?
The average penalties for a federal child pornography conviction in Virginia tend to follow national guidelines in punishment. Federal charges result in prison terms in 99.5% of all cases, with the length determined by the type of crime. The average sentence for possession is 82 months, receiving is 106 months, and trafficking is the longest at 151 months.
What Should You Do if Under Investigation for Federal Child Pornography in Virginia?
Once you learn you are under investigation for a Virginia federal child pornography charge, there are a few key actions you should take. Begin by seeking immediate legal counsel. The lengthy prison terms make an experienced attorney vital for your defense, and you should not speak to law enforcement without one. Next, do not delete or alter any digital evidence. It can harm your defense and result in an obstruction of justice charge and imprisonment of up to 20 years.
How Much Does a Virginia Federal Child Pornography Attorney Cost?
How much your federal child pornography attorney costs in Virginia depends on the type of charge against you, the work hours required for your case, and its complexity. A receiving and possession charge with no aggravating factors tends to be cheaper than representation for allegations of a large-scale trafficking case. Another contributing factor is the billing structure, with different firms utilizing hourly rates, retainer expenses, or flat fee models.
Hire Virginia Child Pornography Lawyer
Johnson/Citronberg understands the stressful nature of child pornography allegations. Contact us today for an initial consultation, where we can learn your story and explain the specific process for your case’s investigation proceedings. You may also visit our Alexandria office, located on King Street in the historic district, a few blocks west of Old Town Waterfront and the Potomac River.
