Virginia law specifies exactly the situations that would lead to a criminal charge related to child pornography. There is a range of crimes that fall under this umbrella.
You could face charges for possession, distribution, facilitation, reproduction or solicitation. Because there is a range of crimes, there are also a variety of situations that could get you in trouble.
Intent
Intent is part of the child pornography law in Virginia. The Code of Virginia states that you must knowingly commit these crimes to be guilty. This does not mean that you can claim you did not know it was illegal to have such material. Ignorance of the law is not a valid defense.
Handling
How you handle pornographic materials containing children distinguishes whether you are guilty or not. If you purposely give it to others, display it, create it, reproduce it or keep it in your possession, then you are committing a crime.
Actions
It is illegal to share child pornography in any way unless you are turning it over to law enforcement. It is also illegal to entice a child to create such material or to otherwise encourage the creation of such material. You cannot help others get it or run any operation that would allow for the transmittal of the material.
Sexually explicit materials that contain minors who are under the age of 18 are always illegal to own, sell, use, create or reproduce in the state. Any interactions you have with the material or those creating it could set you up for potential criminal charges and the possibility of a conviction could land you in prison as Virginia has mandatory minimum sentences for such crimes. Remember, the law expects you to know this type of material is wrong, so you cannot use ignorance as an excuse.
