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Virginia criminal charge

Computer invasion of privacy in Virginia

Current through 2026 Virginia legislative session

Computer invasion of privacy is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-152.5. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Va. Code Ann. § 18.2-152.5.

What is the penalty for computer invasion of privacy in Virginia?

Penalties for Computer invasion of privacy
PenaltyRangeBasisAuthority
Jail / prisonup to 12 months (Computer invasion of privacy — base offense — A first violation of the computer invasion of privacy prohibition in subsection A is punishable as a Class 1 misdemeanor.)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (Computer invasion of privacy — base offense — A first violation of the computer invasion of privacy prohibition in subsection A is punishable as a Class 1 misdemeanor.; either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11
Jail / prison1 years to 5 years (Computer invasion of privacy — subsequent offense — A violation committed after a prior conviction for this offense or a substantially similar law of another state or the United States is a Class 6 felony.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Computer invasion of privacy — subsequent offense — A violation committed after a prior conviction for this offense or a substantially similar law of another state or the United States is a Class 6 felony.; with the jail-confinement alternative under § 18.2-10(f))discretionaryVa. Code Ann. § 18.2-10
Jail / prison1 years to 5 years (Computer invasion of privacy — selling or distributing information — A violation in which the offender sells or distributes the wrongfully examined information to another person is a Class 6 felony.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Computer invasion of privacy — selling or distributing information — A violation in which the offender sells or distributes the wrongfully examined information to another person is a Class 6 felony.; with the jail-confinement alternative under § 18.2-10(f))discretionaryVa. Code Ann. § 18.2-10
Jail / prison1 years to 5 years (Computer invasion of privacy — used in commission of another crime — A violation in which the offender uses the wrongfully examined information in the commission of another crime is a Class 6 felony.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Computer invasion of privacy — used in commission of another crime — A violation in which the offender uses the wrongfully examined information in the commission of another crime is a Class 6 felony.; with the jail-confinement alternative under § 18.2-10(f))discretionaryVa. Code Ann. § 18.2-10

Applies to current.

How is computer invasion of privacy classified in Virginia?

The classification depends on the circumstances:

Classification variants for Computer invasion of privacy
VariantClassificationWhen it appliesStatute
Computer invasion of privacy — base offenseClass 1 MisdemeanorA first violation of the computer invasion of privacy prohibition in subsection A is punishable as a Class 1 misdemeanor.Va. Code Ann. § 18.2-152.5B
Computer invasion of privacy — subsequent offenseClass 6 FelonyA violation committed after a prior conviction for this offense or a substantially similar law of another state or the United States is a Class 6 felony.Va. Code Ann. § 18.2-152.5C
Computer invasion of privacy — selling or distributing informationClass 6 FelonyA violation in which the offender sells or distributes the wrongfully examined information to another person is a Class 6 felony.Va. Code Ann. § 18.2-152.5D
Computer invasion of privacy — used in commission of another crimeClass 6 FelonyA violation in which the offender uses the wrongfully examined information in the commission of another crime is a Class 6 felony.Va. Code Ann. § 18.2-152.5E

Common questions about computer invasion of privacy in Virginia

Is computer invasion of privacy a felony or a misdemeanor in Virginia?

It depends on the circumstances: computer invasion of privacy ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-152.5.

Computer invasion of privacy — base offense: class 1 misdemeanor (Va. Code Ann. § 18.2-152.5B) · Computer invasion of privacy — subsequent offense: class 6 felony (Va. Code Ann. § 18.2-152.5C) · Computer invasion of privacy — selling or distributing information: class 6 felony (Va. Code Ann. § 18.2-152.5D) · Computer invasion of privacy — used in commission of another crime: class 6 felony (Va. Code Ann. § 18.2-152.5E)

What are the penalties for computer invasion of privacy in Virginia?

Penalties for computer invasion of privacy in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.

Which Virginia statute covers computer invasion of privacy?

Computer invasion of privacy is governed by Va. Code Ann. § 18.2-152.5 (Computer invasion of privacy; penalties).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.