Federal Child Pornography Penalties
The possession, receipt, distribution, or production of child pornography is illegal under Virginia state law and US federal law. Child pornography is defined in legal settings as a visual depiction that involves a person under 18 engaged in conduct considered sexually explicit. Depictions can include a photograph, a video, and images and videos generated by computers, simulations, animations, and altered depictions.
In general, production charges are considered the most severe and carry the harshest penalties, up to 30 years in prison. However, production also includes proving intent, which can make charges more difficult to prove.
Possession, receipt, and distribution are often called non-production charges, and penalties include up to 20 years in prison. Possession just means that a person has the depiction. Receipt means they received it from another person, and distribution means sending it to another person. Of the non-production charges, distribution is usually considered the most severe.
The most recent information shows that 45.8% of child pornography sentences were for possession. Another 41.3% were sentenced for distribution, and 11.1% were sentenced for receipt. Prison time was involved for 99.5% of sentences, with an average of 115 months.
These penalties are shaped by the federal child pornography sentencing framework, which outlines how courts determine imprisonment ranges and financial penalties in these cases.