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Last Modified on Jan 07, 2026
Communication has never been easier to engage in, and the constantly shifting legal ground regarding AI-imagery, deepfakes, and non-consensual images can be difficult to navigate on your own. It’s understandable not to be completely sure whether you committed a crime or not when you send a pornographic image to somebody. So, what’s the difference between non-consensual image cases (§18.2–386.2) and CSAM charges in Virginia?
If you are facing potential charges involving non-consensual images or child sexual abuse material (CSAM), you need to contact a CSAM attorney as soon as possible. These cases can be complicated, and the stakes are often high. A good lawyer can help you understand Virginia CSAM laws and how they apply to your case, as well as make sure you realize the CSAM penalties you could end up facing if convicted.
What’s the Difference Between Non-Consensual Image Cases and CSAM Charges in Virginia?
There are some major differences between cases involving non-consensual images and cases involving child sexual abuse materials in Virginia. It’s important to recognize these differences, as they can sometimes be the deciding factor between a felony and a misdemeanor, as well as the severity of the penalties involved.
Non-Consensual Image Cases
Virginia state law makes it illegal for any individual who is 18 years old or older to willfully send a sexually explicit image or video through electronic means to another person without that subject’s consent. Also called revenge porn, the prosecution has to prove beyond a reasonable doubt that the following conditions were met:
- Intent. The evidence has to show that the defendant intended to harass, coerce, or maliciously harm the subject by selling or sharing the images or videos of them.
- Nudity. The image or video has to show a person who is nude or nearly nude, exposing intimate parts of their body.
- Knowledge of not having consent. The defendant had to know or have a good reason to know that they did not have permission to distribute or sell the images.
A conviction for revenge porn generally results in a Class 1 misdemeanor charge, which is the most serious misdemeanor level in the state. Penalties can often include up to a year in jail, up to $2,500 in fines, probation, restitution, and more. The statute of limitations is generally five years from the date of the offense.
CSAM Charges
When the images depict children, charges are generally much more serious. In Virginia, it is completely and totally illegal to possess or distribute any kind of child pornography, even when it’s made with an AI generator. Virginia defines child pornography as any sexually explicit image or video with a subject who is identifiable as a minor at the time of the image’s creation.
A CSAM case in Virginia is usually charged as a felony, and in general, there is no statute of limitations on CSAM charges. Penalties for conviction can include a mandatory minimum of five years in prison, and a second or subsequent offense can mean increased penalties. Convictions also often mean mandatory sex offender registry.
Non-consensual images and CSAM cases are not rare. Recent data from the National Center for Missing & Exploited Children (NCMEC) showed over 518,000 reported cases of online enticement and over 62,000 cases of child sex trafficking in 2025 alone. In 2024, the NCMEC’s CyberTipline received over 20 million reports of suspected child sexual exploitation. If you are charged with a sexual crime involving children, you need to get a lawyer immediately.
FAQs
Should I Hire a Criminal Defense Lawyer?
In cases involving CSAM, you should definitely hire a criminal defense lawyer. These cases are often tried in the court of public opinion long before they are tried in a court of law. Your reputation can be destroyed overnight in cases like this. You need someone in control of your situation who knows what they’re doing. Letting an experienced criminal defense lawyer take charge of your case and navigate the negative publicity can be helpful.
What Do You Do If You Are Charged With CSAM Possession?
If law enforcement investigates you for child sexual abuse material and arrests you for possession, it is very important that you do what you can to protect yourself. Don’t say a word to the police without your lawyer present. Invoke your constitutional right to remain silent and your right to legal counsel. Contact your lawyer immediately. Once they arrive, let them speak to the police on your behalf. Always follow all instructions from your criminal defense attorney.
Is It Illegal to Film Someone Without Their Consent in Virginia?
Yes, it is generally illegal to film someone without their consent in Virginia, but it largely depends on the context. It is against the law to film or photograph someone undressing or naked without their consent. In situations where a person has no reason to expect privacy, such as people engaging in everyday activities in a public space, it is generally legal to film without consent. Your lawyer can explain how the law applies in your case.
Are CSAM Charges Always Federal?
No, CSAM charges are not always federal. However, they become federal if the material was produced or distributed across state lines. Federal CSAM charges are often considerably worse, involving long mandatory minimum sentences and additional penalties that discourage others from engaging in such actions. Regardless of whether you are facing state or federal CSAM charges, you should contact a lawyer for help as soon as possible.
Hire a CSAM Lawyer
If you are charged with possession or distribution of CSAM, the most important step you can take for your case is to hire a CSAM lawyer. The consequences that can ripple through your life if you are convicted of crimes involving CSAM can cause immeasurable damage to your reputation, your social standing, and your personal relationships.
At Johnson/Citronberg, PLLC, our firm’s commitment to excellence in criminal defense representation has earned recognition from several distinguished organizations, including Virginia Super Lawyers. Our skilled legal team can help you build an aggressive defense and advocate for you both in and outside of the courtroom.
Reach out to our office today to speak to a valued team member about how we can help.
