Virginia criminal charge
Possession, reproduction, distribution, solicitation, and facilitation of child pornography in Virginia
Possession, reproduction, distribution, solicitation, and facilitation of child pornography is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-374.1:1. 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. § 18.2-374.1:1.
What is the penalty for possession, reproduction, distribution, solicitation, and facilitation of child pornography in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Possession of child pornography (first offense) — Any person who knowingly possesses child pornography.; 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))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Possession of child pornography (first offense) — Any person who knowingly possesses child pornography.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Possession of child pornography (second or subsequent offense) — Applies when a person commits a second or subsequent violation of subsection A (possession).; 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(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Possession of child pornography (second or subsequent offense) — Applies when a person commits a second or subsequent violation of subsection A (possession).; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Operating a website to facilitate payment for access to child pornography — A person intentionally operates an Internet website for the purpose of facilitating payment for access to child pornography.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Operating a website to facilitate payment for access to child pornography — A person intentionally operates an Internet website for the purpose of facilitating payment for access to child pornography.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is possession, reproduction, distribution, solicitation, and facilitation of child pornography classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of child pornography (first offense) | Class 6 Felony | Any person who knowingly possesses child pornography. | Va. Code Ann. § 18.2-374.1:1A |
| Possession of child pornography (second or subsequent offense) | Class 5 Felony | Applies when a person commits a second or subsequent violation of subsection A (possession). | Va. Code Ann. § 18.2-374.1:1B |
| Operating a website to facilitate payment for access to child pornography | Class 4 Felony | A person intentionally operates an Internet website for the purpose of facilitating payment for access to child pornography. | Va. Code Ann. § 18.2-374.1:1D |
Common questions about possession, reproduction, distribution, solicitation, and facilitation of child pornography in Virginia
Is possession, reproduction, distribution, solicitation, and facilitation of child pornography a felony or a misdemeanor in Virginia?
It depends on the circumstances: possession, reproduction, distribution, solicitation, and facilitation of child pornography ranges from a class 6 felony to a class 4 felony in Virginia under Va. Code Ann. § 18.2-374.1:1.
Possession of child pornography (first offense): class 6 felony (Va. Code Ann. § 18.2-374.1:1A) · Possession of child pornography (second or subsequent offense): class 5 felony (Va. Code Ann. § 18.2-374.1:1B) · Operating a website to facilitate payment for access to child pornography: class 4 felony (Va. Code Ann. § 18.2-374.1:1D)
What are the penalties for possession, reproduction, distribution, solicitation, and facilitation of child pornography in Virginia?
Penalties for possession, reproduction, distribution, solicitation, and facilitation of child pornography in Virginia depend on how it is classified — from a class 6 felony up to a class 4 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers possession, reproduction, distribution, solicitation, and facilitation of child pornography?
Possession, reproduction, distribution, solicitation, and facilitation of child pornography is governed by Va. Code Ann. § 18.2-374.1:1 (Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty).
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.