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John, Lawyer
Category: Criminal Law
Satisfied Customers: 697
Experience:  Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.
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Our home was searched two years ago because my husband was

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Our home was searched two years ago because my husband was suspected of manufacturing documents for iligal immigrantns and seeling drugs. They did not find anything in our home and did not charage him with anything. They returned some of our possesions such as files and receipts but not the comuter and camareas. Now two years later they have found evidence that my husband or someone in the houshold has visited child pornograghic web sites. We live in WV and I'm wondering what is the procedure for a crime like this what would the max sentencing be?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  John replied 7 years ago.
West Virginia Law Regarding Child Pornography §61-8C-3)
Any person who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than two years, and fined not more than $2,000.

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Customer: replied 7 years ago.

Even though my husband did not send or print anything portaying a child pornograpgy, he was only looking, could he be raged and and/or imprisoned?

Expert:  John replied 7 years ago.
The law says displays or possesses, as well, which would apply if it was found on his computer. He could go to jail if they can prove it was his.
Customer: replied 7 years ago.
Thank you for your answers. I just have one more. There were no pictures stored on the computer - they found websites that were visited, does that apply as well?
Expert:  John replied 7 years ago.
Yes, but there case will be harder to prove. Websites store "cookies" and other information on a computer. That would be "display".

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