Virginia criminal charge
Unlawful creation of image of another in Virginia
Unlawful creation of image of another is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-386.1. 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. § 18.2-386.1.
What is the penalty for unlawful creation of image of another in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Base offense — unlawful creation of image — A violation of subsection A, involving a nonconsenting adult victim, is punished as a Class 1 misdemeanor.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Base offense — unlawful creation of image — A violation of subsection A, involving a nonconsenting adult victim, is punished as a Class 1 misdemeanor.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Unlawful creation of image of minor — A violation of subsection A where the nonconsenting person is younger than 18 years of age 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))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Unlawful creation of image of minor — A violation of subsection A where the nonconsenting person is younger than 18 years of age is a Class 6 felony.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Repeat offender — prior convictions — A person previously convicted within the preceding 10 years of two or more separate, non-common-scheme offenses under this section, with intervening liberty between convictions, is guilty of 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))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Repeat offender — prior convictions — A person previously convicted within the preceding 10 years of two or more separate, non-common-scheme offenses under this section, with intervening liberty between convictions, is guilty of a Class 6 felony.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is unlawful creation of image of another classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense — unlawful creation of image | class 1 misdemeanor | A violation of subsection A, involving a nonconsenting adult victim, is punished as a Class 1 misdemeanor. | Va. Code Ann. § 18.2-386.1C |
| Unlawful creation of image of minor | class 6 felony | A violation of subsection A where the nonconsenting person is younger than 18 years of age is a Class 6 felony. | Va. Code Ann. § 18.2-386.1D |
| Repeat offender — prior convictions | class 6 felony | A person previously convicted within the preceding 10 years of two or more separate, non-common-scheme offenses under this section, with intervening liberty between convictions, is guilty of a Class 6 felony. | Va. Code Ann. § 18.2-386.1E |
Common questions about unlawful creation of image of another in Virginia
Is unlawful creation of image of another a felony or a misdemeanor in Virginia?
It depends on the circumstances: unlawful creation of image of another ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-386.1.
Base offense — unlawful creation of image: class 1 misdemeanor (Va. Code Ann. § 18.2-386.1C) · Unlawful creation of image of minor: class 6 felony (Va. Code Ann. § 18.2-386.1D) · Repeat offender — prior convictions: class 6 felony (Va. Code Ann. § 18.2-386.1E)
What are the penalties for unlawful creation of image of another in Virginia?
Which Virginia statute covers unlawful creation of image of another?
Unlawful creation of image of another is governed by Va. Code Ann. § 18.2-386.1 (Unlawful creation of image of another; 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.