“Child pornography” is legally referred to as “child sexual assault material” or CSAM. The Leiva Law Firm brings a fierce, people-first approach to defending CSAM charges. As an accomplished Fairfax child pornography lawyer who has handled countless related charges, Manuel Leiva has a track record of pushing back on broad digital sweeps, demanding proof, and fighting to protect defendants’ rights. Speak with our compassionate criminal defense attorney today.
Being involved in any way with CSAM is taken very seriously under Virginia and Federal law. For example, Virginia Code §18.2-374.1:1, knowing possession of child pornography, is a class 6 felony. A first offense can lead to up to five years in prison.
Engaging in certain activities can bring a harsher punishment of no less than five to twenty years behind bars, including:
Additionally, operating a website to facilitate payment for child pornography is a class 4 felony. Everything deemed CSAM under state law is subject to seizure and forfeiture under Virginia Code §19.2-386.31.
Virginia expanded the definition of CSAM on July 1, 2024, to include AI-generated images or “deepfakes.” This means all of the above laws also apply to hyper-realistic but non-real images that a reasonable person would believe to be a real child.
With so many laws and recent updates, having an experienced child pornography lawyer in Fairfax by your side is essential to securing the best possible outcome.
In child pornography cases arising in Fairfax County, our attorney often relies on the Fourth Amendment to challenge any evidence collected by the police. When the police rely on a search warrant to search your home and/or office, they must follow strict rules & procedures that comply with constitutional requirements. If these rules & procedures are not adhered to, the evidence collected may be suppressed or get kept as evidence.
Generally, police officers executing a search warrant must:
Under the Fourth Amendment, a no-knock entry is justified if law enforcement officers have a reasonable suspicion that knocking and announcing their presence would be dangerous, futile, or would inhibit the effective investigation of the crime, such as by allowing the destruction of evidence.
Nighttime execution of search warrants is not prohibited but is subject to heightened scrutiny. Courts consider whether the nighttime service is reasonable under the circumstances, such as the need to prevent the destruction of evidence or ensure officer safety.
City, state, and federal law enforcement officers are able to take your phone, computer, or other digital devices under a valid search warrant. If they do, that seized item becomes evidence and may be used in a criminal case.
Federal Rule of Criminal Procedure 41 requires search warrants to describe the evidence sought with precision. Sweeping seizures of every device in your home or office can be challenged as overbroad.
Courts expect police to follow a two-step process when searching for digital evidence. Step one is seizing the equipment that a judge specifically listed in the warrant. Step two is combing through that device only for the information the judge approved. If police wander outside those limits, a Fairfax child pornography defense attorney can ask the court to suppress anything extra.
The Supreme Court ruled in Riley v. California, which is applicable in Virginia, that searching an arrested person’s phone without a warrant is unconstitutional. Know your rights, and remember that any time the police step beyond the legal parameters, whatever they discover can be challenged as evidence against you.
The Leiva Law Firm, led by attorney Manuel Leiva, has taken cases to trial across Northern Virginia for over 25 years. Our Fairfax child pornography lawyer draws on hundreds of trials and pretrial motions to obtain favorable outcomes in both Federal and Virginia courts to fiercely protect your rights. Contact us today to learn more about how we could help.
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