18.2-374.1:1 - Possession, reproduction, distribution, and facilitation of child pornography; penalty
§ 18.2-374.1:1. Possession, reproduction, distribution, and facilitation ofchild pornography; penalty.
A. Any person who knowingly possesses child pornography is guilty of a Class6 felony.
B. Any person who commits a second or subsequent violation of subsection A isguilty of a Class 5 felony.
C. Any person who reproduces by any means, including by computer, sells,gives away, distributes, electronically transmits, displays with lasciviousintent, purchases, or possesses with intent to sell, give away, distribute,transmit, or display child pornography with lascivious intent shall bepunished by not less than five years nor more than 20 years in a statecorrectional facility. Any person who commits a second or subsequentviolation under this subsection shall be punished by a term of imprisonmentof not less than five years nor more than 20 years in a state correctionalfacility, five years of which shall be a mandatory minimum term ofimprisonment.
D. Any person who intentionally operates an Internet website for the purposeof facilitating the payment for access to child pornography is guilty of aClass 4 felony.
E. All child pornography shall be subject to lawful seizure and forfeiturepursuant to § 19.2-386.31.
F. For purposes of this section it may be inferred by text, title orappearance that a person who is depicted as or presents the appearance ofbeing less than 18 years of age in sexually explicit visual material is lessthan 18 years of age.
G. Venue for a prosecution under this section may lie in the jurisdictionwhere the unlawful act occurs or where any child pornography is produced,reproduced, found, stored, received, or possessed in violation of thissection.
H. The provisions of this section shall not apply to any such material thatis possessed for a bona fide medical, scientific, governmental, or judicialpurpose by a physician, psychologist, scientist, attorney, or judge whopossesses such material in the course of conducting his professional dutiesas such.
(1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935, 938;2004, c. 995; 2007, cc. 759, 823; 2009, c. 379.)