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New PDF release: Child abuse: Virginia statutes and case law

By National Center for the Prosecution of Child Abuse, Virginia. Dept. of Criminal Justice Services

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Extra resources for Child abuse: Virginia statutes and case law

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App. 2d 97 (1998), the trial court erred in admitting into evidence pornographic images from Blaylock’s computer involving children. This evidence of other and prior “bad acts” would have been relevant to prove intent but intent was not an issue in the case. Similarly, in Staton v. Commonwealth, No. 1362–01–4 (Va. Ct. App. 6, 2002) (unpublished), defendant was convicted of ten counts of taking indecent liberties with a child, two counts of aggravated sexual battery and object sexual penetration, all with a twelve-year-old girl but the convictions were reversed because of the improper introduction of evidence that defendant had images of child pornography on his computer.

Commonwealth, 8 Va. App. 2d 279, 283 (1989). The following child abuse-related offenses have been held not to be included within a greater offense: • Carnal knowledge is not a lesser included offense of rape. Ragsdale v. Commonwealth, 38 Va. App. 2d 331 (2002). • 30 Indecent liberties with a child, contributing to the delinquency of a minor, and sexual battery are not lesser included offenses of aggravated sexual battery. Kauffmann, supra, 8 Va. App. 2d at 283–84. In Kauffmann, the court stated that the difference between aggravated sexual battery and sexual battery was the age of the victim.

Oct. 8, 2002) (unpublished) (the trial court did not err in denying the defense pretrial access to the CPS file, which included an audiotape and transcript of the interview with the victim). • The defendant may obtain school records if the Commonwealth intends to introduce such records in its case-in-chief. Sup. Ct. R. 3A:11. • The defendant may use a subpoena duces tecum to obtain writings or objects that are material to the proceeding even if they are not admissible. Gibbs v. Commonwealth, 16 Va.

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Child abuse: Virginia statutes and case law by National Center for the Prosecution of Child Abuse, Virginia. Dept. of Criminal Justice Services


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