Computer sex crimes refer to the illegal use of computers, the internet, and other forms of technology to commit a crime involving sexual content. In Virginia, computer sex crimes include offenses such as the possession and distribution of child pornography, solicitation of minors, and cyberstalking. All of these offenses carry serious criminal penalties and a person convicted may also face public humiliation and long-term social and career repercussions.
If you have been charged with a computer sex crime, it is important to seek legal guidance immediately. At Virginia Sex Crime Attorney, we can provide you with the legal advice and representation you need to protect your rights and interests. Our experienced sex crime lawyers can explain the charges against you, advise you on your options, and build a strong legal defense on your behalf.
An Overview of Computer Sex/Cybersex Crimes in Virginia
Computer sex crimes, also known as cybersex crimes, are types of offenses that involve the use of computers and other digital devices to commit sexual offenses against another person, including the possession and distribution of child pornography. In Virginia, computer sex crimes are prosecuted under state laws, and the penalties for conviction can be severe.
Computer sex crimes can be divided into two main categories: those involving minors and those involving adults. Crimes involving minors include possession, distribution, and creation of child pornography, solicitation of a minor, and sexual exploitation of a minor. Crimes involving adults include cyberstalking, online solicitation, and other forms of harassment.
In Virginia, computer sex crimes are prosecuted under state laws. At the state level, many computer sex crimes are prosecuted under Virginia's Computer Crimes Act. This Act prohibits the unauthorized access or use of computers or digital devices to commit a criminal offense. It also prohibits the transmission of obscene images or materials, as well as the intentional transmission of a computer virus.
Child Pornography in Virginia (Penal Code 18.2-374.1:1)
Penal Code 18.2-374.1:1 makes it a criminal offense to produce, distribute, or possess child pornography. It also makes it a crime to solicit or receive child pornography and to advertise for or solicit a child for eto engaged conduct.
Child pornography is defined as any material that visually or audibly depicts a minor engaging in sexually explicit conduct. This includes but is not limited to photographs, videos, digital images, computer-generated images, and other visual representations of a minor engaging in sexual activity.
For a person to be convicted of child pornography in Virginia, the prosecution must prove beyond a reasonable doubt that the person knowingly possessed, distributed, or produced the material. Additionally, the prosecution must prove that the material depicted a minor engaging in sexual conduct.
Any person convicted of child pornography may face various punishments depending on the severity of the crime. For a first-time offense, the punishment can include a fine of up to $2,500 and/or up to 10 years in prison. If the offense is second or subsequent, the punishment can include a fine of up to $10,000 and/or up to 20 years in prison. In addition to these punishments, the court may order the person to register as a sex offender.
Acts that may constitute child pornography in Virginia include:
- Possessing any material that depicts a minor engaging in sexually explicit conduct.
- Distributing or selling any material that depicts a minor engaging in sexually explicit conduct.
- Producing or manufacturing any material that depicts a minor engaging in sexually explicit conduct.
- Advertising for or soliciting a child to engage in any form of sexual conduct.
- Soliciting or receiving child pornography.
Note that child pornography does not only refer to material depicting children engaging in sexual activity; it also refers to any material that depicts a minor in a sexually suggestive way. This includes material that depicts a minor in lingerie, swimwear, or other attire typically associated with adults engaging in sexual activity.
Legal Defenses for Child Pornography
If you are facing charges of child pornography, it is important to seek the advice of a qualified criminal defense attorney as soon as ple to ensure your rights are protected. The common defenses for child pornography include:
- Lack of knowledge — If the accused did not know that the material depicted a minor engaging in sexually explicit conduct, or they were unaware that the victim was a minor, then the accused cannot be convicted of the crime.
- Mistaken identity — If the accused was not the person depicted in the material, then the accused cannot be convicted of the crime.
- Lack of Intent — If the accused did not knowingly possess, distribute, or produce the material, then the accused cannot be convicted of the crime.
- Lack of knowledge — Another defense is that the accused was unaware that they were viewing or possessing any illegal material. This could apply if the accused was visiting a website that they thought was legal, but in reality, it contained illegal content.
- Duress — Duress is a defense that involves the accused claiming that they were forced to commit the crime due to threats of violence or other consequences.
- Entrapment — Entrapment is a defense that involves the accused claiming that they were lured or persuaded by law enforcement officers to commit the crime.
Internet Solicitation of a Child
Internet solicitation of a child is defined as using the Internet or other electronic means to communicate with a minor to engage in any illegal sexual activity. This includes activities such as sending sexually explicit material or attempting to arrange a meeting with the minor to engage in sexual activity. To be convicted of this offense, the prosecution must prove that the defendant purposely used the Internet or other electronic means to communicate with a minor to engage in sexual activity.
You can be arrested and charged with online solicitation of a minor for the following activities:
- Sending explicit messages or images to a minor.
- Asking a minor to engage in sexual activities over the Internet.
- Arranging a meeting with a minor to engage in sexual activities.
- Offering gifts, money, or other items of value in exchange for sexual activities.
This offense is punishable by up to 10 years in prison and a fine of up to $2,500. Additionally, the court may order the offender to register as a sex offender for 25 years. In addition to criminal penalties, those convicted of Internet solicitation of a minor may face civil penalties as well. The civil penalties can include restitution, court costs, and attorney’s fees.
Some factors may determine the penalties a person will face if convicted of internet solicitation of a minor. These factors include the age of the minor, the type of activity being solicited, prior criminal history, and the severity of the crime. Note that even if the minor agrees to the solicitation, the defendant can still be charged.
Legal Defenses for Internet Solicitation of a Child
If you have been charged with internet solicitation of a minor, it is important to speak with an experienced criminal defense attorney. An attorney can review the evidence and develop a defense strategy tailored to your case. Some of the potential legal defenses that may be available to those facing charges of internet solicitation of a minor include:
- Lack of intent — To be convicted of this offense, the prosecution must prove that the defendant purposely used the internet or other electronic means to communicate with a minor to engage in sexual activity. If the defense can show that there was no intent to solicit a minor, then the charges may be dropped.
- Mistake of fact — This defense involves the accused claiming that they were mistaken about the facts or circumstances surrounding the alleged crime. For example, if the accused believed that the person they were communicating with was an adult, when in fact they were minors, this could be a valid defense.
- Freedom of speech — The First Amendment of the United States Constitution protects citizens’ right to freedom of speech. If the defense can show that the solicitation was made in the context of free speech, then the charges may be reduced.
Cyberstalking in Virginia
In Virginia, cyberstalking is defined as any type of intentional, repeated communication or contact with another person that causes fear or substantial emotional distress. This includes sending threatening or obscene messages or engaging in any other type of communication that puts the victim in fear for his or her safety.
For a person to be convicted of cyberstalking in Virginia, the prosecution must prove that the defendant intentionally made contact with the victim, either in person or through an electronic device, and that the contact was made in such a way as to cause fear or substantial emotional distress.
The punishments vary depending on the severity of the crime and whether or not the defendant has any prior convictions. For a first offense, the punishment can range from a fine up to $2,500, up to one year in prison, or both. For subsequent offenses, the punishment can range from a fine up to $2,500, up to five years in prison, or both.
In addition to the criminal penalties, a person convicted of cyberstalking in Virginia may be subject to civil liability. This means that the victim of the cyberstalking may be able to sue the perpetrator for damages, including any physical or psychological harm caused by the cyberstalking.
Virginia also has a law that states that if a person is convicted of cyberstalking three times within five years, they can be charged with a Class 6 felony, which carries a maximum penalty of up to five years in prison.
In addition, Virginia has a law that states that it is a Class 1 misdemeanor to use any electronic device or computer to harass another person. This law applies to any type of communication that is meant to intimidate, threaten, or coerce another person. The punishment for this offense can range from a fine of up to $2,500, up to one year in prison, or both.
Finally, Virginia also has a law that makes it a Class 6 felony to use any electronic device or computer to maliciously obtain personal information from another person. This includes obtaining someone's credit card numbers, bank accounts, or Social Security numbers. The punishment for this offense can range from a fine of up to $2,500, up to five years in prison, or both.
Sexual Exploitation
Sextortion, or sexual exploitation, is a growing problem in the state of Virginia. It is a form of blackmail in which sexual favors or images are traded in exchange for money or other forms of compensation. The perpetrator will typically threaten to disseminate the images or information to family, friends, or the public if the victim does not comply with their demands. Sextortion is a form of sexual exploitation and can have serious consequences for the victim.
If a person is convicted of sextortion in Virginia, they could face a jail sentence of up to five years and/or a fine of up to $2,500. In addition, the perpetrator may be required to register as a sexual offender.
Sextortion can take many forms and can involve the use of technology such as the internet, phones, or social media. Victims need to understand their rights and the legal actions that can be taken if they are being threatened or coerced into performing sexual acts or providing images. It is also important to know that it is never the victim’s fault and that they should never feel ashamed or embarrassed if they have been a victim of sextortion.
For a person to be convicted of sextortion, it must be proven beyond a reasonable doubt that the perpetrator used force, fraud, or coercion to obtain a sexual act or image from the victim.
General Penalties for Computer Sex Crimes in Virginia
In Virginia, internet sex crimes can carry a range of punishments depending on the severity of the offense.
Misdemeanor Penalties
Most computer sex crimes are considered misdemeanors in Virginia. Examples of misdemeanor offenses include possession of child pornography and cyberstalking. For a first offense, these crimes are punishable by up to 12 months in jail and/or a fine of up to $2,500. If the offender has prior convictions, the penalty could be increased to up to 20 years in prison and/or a fine of up to $100,000.
Felony Penalties
Felony offenses include solicitation of a minor for prostitution, using a computer to solicit a minor for sex, and online solicitation of a minor for sex. These crimes are punishable by up to 10 years in prison and/or a fine of up to $100,000. If the offender has prior convictions, the penalty could be increased to up to 40 years in prison and/or a fine of up to $500,000.
In addition to criminal penalties, those convicted of computer sex crimes may also face other consequences such as having to register as a sex offender, losing their job, and/or losing their professional license.
Plea Bargaining
Computer sex crimes have become increasingly popular in recent years, due to the rise of technology and increased access to online services. Plea bargaining is a type of negotiation between a criminal defendant and the prosecutor in which the defendant agrees to plead guilty to a lesser charge, in exchange for a lesser sentence.
In the context of computer sex crimes, plea bargaining is often used to reduce the severity of the potential punishment for the accused. This may involve reducing a felony sex crime to a misdemeanor or reducing the number of counts that the accused is facing. In some cases, the accused may be able to plea bargain for a lesser sentence, such as a reduction in the number of years in prison. In other cases, the plea bargain may involve an agreement for the accused to pay restitution to the victim or to attend counseling.
To be successful in plea bargaining for computer sex crimes, defendants must be aware of the potential consequences of pleading guilty to any charge. For instance, if the accused pleads guilty to a felony sex crime, they may be required to register as a sex offender. This can have a significant impact on their future, as they may be prohibited from certain types of employment and housing.
Furthermore, they may be subject to restrictions on travel and other activities. To be successful in plea bargaining for computer sex crimes, defendants must also be aware of the potential benefits of a plea bargain. In some cases, the accused may be able to avoid jail or prison time altogether. Additionally, the accused may be able to receive a lighter sentence than if they went to trial. Furthermore, the accused may be able to have the charges reduced or dismissed altogether.
Registration as a Sex Offender for Computer Sex Crimes Charges
When someone is convicted of a computer sex crime, they may be required to register as a sex offender. The registration process includes providing personal information such as name, address, Social Security number, physical description, and photo. This information is then stored in a state-run database and will be used to create an individual sex offender profile.
The profile includes the person’s criminal history, including any convictions for internet sex crimes. It will also list any current or previous addresses, places of employment, and schools attended. In addition to the registration process, convicted sex offenders are subject to a variety of restrictions. These restrictions vary from state to state but typically include requirements to inform police of any changes to their personal information, such as address and employment, and restrictions on where they can live and travel.
Convicted sex offenders may also be subject to lifetime supervision, depending on the severity of the crime. The consequences of failing to register as a sex offender after a conviction for an internet sex crime can be severe, including additional criminal charges and imprisonment. Therefore, all convicted sex offenders need to understand their obligations under their respective state’s sex offender registration laws.
Find a Computer Sex Crimes Attorney Near Me
Being charged with a computer sex crime can have serious repercussions, both in the criminal justice system and in a person’s personal and professional life. If you are facing similar charges, it is important to understand the laws and potential consequences involved so that you can make informed decisions about your defense.
At Virginia Sex Crime Attorney, we can provide you with invaluable support and guidance throughout the legal process. Our sex crime lawyers can also explain your legal options, and represent you in court. Call us today at 571-933-8494.