Abduction of Minor For Child Pornography (Post 5 of 5)

October 1, 2016 by Jean Humbrecht

abduction of minor to manufacture child pornography in VirginiaAbduction in Virginia for immoral purposes is considered aggravated abduction and significantly increases the penalties for an abduction conviction.  Aggravated abduction in Virginia is charged under Va. Code §18.2-48 and is committed when an offender abducts a person with the intent to extort money, abducts with intent to defile, abducts a minor for concubinage or prostitution, abducts any person for the purposes of prostitution, or abducts a minor to manufacture child pornography.

This is the final post in a 5 part series discussing how an offender can be convicted of aggravated abduction in Virginia.  This post focuses on abduction of a minor for the purpose of manufacturing child pornography in Virginia under Va. Code §18.2-48(v).

For more information on abduction with intent to extort, see post 1 in this series.  For information on abduction with intent to defile, see post 2 in this series.  For more information on abduction of a minor for concubinage or prostitution, see post 3 in this series.  See post 4 in this series for information on abduction for purposes of prostitution.

Abduction of Minor to Manufacture Child Pornography in Virginia

An aggravated abduction charge under Va. Code §18.2-48(v) is committed when an offender abducts a minor in Virginia with the intent to manufacture child pornography.  The Commonwealth must prove both that the offender abducted the victim and did so with the intent to manufacture child pornography to convict an offender of abduction under §18.2-48(v).  An offender commits a Virginia abduction of minor to manufacture child pornography charge under Va. Code §18.2-48(v) by:

  • using force, intimidation or deception to
  • seize, take, transport, detain or secrete
  • another person
  • with intent to deprive that person of personal liberty or withhold that person from lawful custody
  • without legal justification or excuse
  • for the purpose of manufacturing child pornography.
Penalty for Abduction of Minor to Manufacture Child Pornography in Virginia

handcuffsAggravated Abduction in Virginia under Va. Code §18.2-48 is a Class 2 felony.  Therefore, a conviction for abduction of a minor for the purposes of manufacturing child pornography in Virginia is punished with 20 years up to life in prison and a fine up to $100,000.

Additionally, if convicted an the offender receives anything less than a life sentence, he will also be sentenced to a minimum suspended prison sentence of 40 years.  This sentence will remain suspended for the rest of the offender’s life.

Abduction of Minor to Manufacture Child Pornography in Virginia Statute

§18.2-48. Abduction with intent to extort money or for immoral purpose.

Abduction (i) of any person with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, (iii) of any child under sixteen years of age for the purpose of concubinage or prostitution, (iv) of any person for the purpose of prostitution, or (v) of any minor for the purpose of manufacturing child pornography shall be punishable as a Class 2 felony. If the sentence imposed for a violation of (ii), (iii), (iv), or (v) includes a term of confinement less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life subject to revocation by the court.