Polhemus picked up appellant at the arranged location, and, as they drove in Polhemus's truck, the police recorded the conversation between appellant and Polhemus. Appellant said that he had a videotape, four magazines, and some photocopied material involving boys. Appellant displayed a picture of the victim. When appellant gave Polhemus the pornographic materials they had discussed, the police arrested appellant. A subsequent search of the home of appellant's mother led the police to the victim.
Evidence is material if it relates to a matter properly at issue.
However, relevant evidence should be excluded if the prejudicial effect of the evidence outweighs its probative value. The fact that some prejudice may result does not justify automatic exclusion, however. 5 Va. App. Both of these offenses require proof of lascivious intent. Appellant was also charged with committing aggravated sexual battery in violation of Code 18.2-67.3, which requires proof that appellant sexually abused the victim.