According to the federal law and Virginia state law, child pornography is defined as producing, distributing or storing explicit material. Child pornography is considered among serious crimes in almost all of the states and the convicts are punished harshly for keeping, distributing or developing any content leading to child abuse. As per the Virginia law, any minor under the age of 18 is considered as a child.
As internet provided another medium for sex crimes linked with child pornography, the state has specifically designed more severe and strict law to ban child pornography. These rules are so strict that even if you set-up a date with a person who is pretending to be a minor (not a minor), you will be charged with a penalty soliciting a minor or will be charged for keeping an intention to rape the minor.
Punishment for Internet Solicitation & Child Pornography
Virginia Child Pornography law
The Virginia law considers the child pornography as child’s sexual exploitation and therefore, takes strict measures to deal with the issues. According to VA Code 18.2-374.1, the court has prohibited individuals to the following acts:
- The individuals are subject to punishment if they solicit a minor and involve him in any kind of child pornography.
- Produces any child pornographic material
- Plans to produce any child pornographic material
- Take part in production of child pornography, such as work along with such people who are producing pornographic material
- Financing the child pornography
- Or even planning to finance child pornography
All the acts of Keeping, Developing and distributing child pornography material of any minor under the age of 18 have different punishments:
- According to PROTECT Act, which was passed in the year 2003 by the Congress, the person keeping any explicit material of any child would be subjected to compulsory five years of imprisonment. As the court believes, that keeping any child’s pornographic material acts as a child abuse itself and it can be a root cause of multiple crimes.
- A person posting or distributing any kind of child pornographic material would be subjected to ten years of imprisonment.
- Any person taking a nude picture of any minor with or without his consent would be subjected to 15 years of imprisonment, and he/she will be penalized for developing child pornographic material.
Solicitation laws
Transferring explicit material
As per the federal law mentioned in section 1470 of United States, code transferring any explicit and sexual material through the means of emails to any minor under the age of 16 will be punishable by the court. The assaulter will be charged with a fine and approximately up to 10 years of imprisonment.
Persuading a minor
According to the United States, code 18, section 2422, an individual will be dealt harshly by the court who is found using means of mail to persuade any under 18 child to be a part of any sexual activity. The court will charge the individual with a monetary fine along with 10 years of imprisonment.
Restriction to keep records of performers
According to the United States, code 18, section 2257, the individuals who are documenting any sexually explicit content are required to keep a record of all performers, including their names and date of birth. This law includes all the books, films, documentaries or magazines producing similar category content.