Virginia criminal charge
Using a computer to gather identifying information in Virginia
Using a computer to gather identifying information is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-152.5:1. 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. § 18.2-152.5:1.
What is the penalty for using a computer to gather identifying information in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Using a computer to gather identifying information — base offense — A person, other than a law-enforcement officer acting in official duties, uses a computer to obtain, access, or record identifying information through material artifice, trickery, or deception.; 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 (Using a computer to gather identifying information — base offense — A person, other than a law-enforcement officer acting in official duties, uses a computer to obtain, access, or record identifying information through material artifice, trickery, or deception.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Using a computer to gather identifying information — sale or distribution — A person who violates the section and sells or distributes the obtained identifying information to another.; 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 (Using a computer to gather identifying information — sale or distribution — A person who violates the section and sells or distributes the obtained identifying information to another.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Using a computer to gather identifying information — used in commission of another crime — A person who violates the section and uses the obtained identifying information in the commission of another crime.; 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 (Using a computer to gather identifying information — used in commission of another crime — A person who violates the section and uses the obtained identifying information in the commission of another crime.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is using a computer to gather identifying information classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Using a computer to gather identifying information — base offense | class 6 felony | A person, other than a law-enforcement officer acting in official duties, uses a computer to obtain, access, or record identifying information through material artifice, trickery, or deception. | Va. Code Ann. § 18.2-152.5:1A |
| Using a computer to gather identifying information — sale or distribution | class 5 felony | A person who violates the section and sells or distributes the obtained identifying information to another. | Va. Code Ann. § 18.2-152.5:1B |
| Using a computer to gather identifying information — used in commission of another crime | class 5 felony | A person who violates the section and uses the obtained identifying information in the commission of another crime. | Va. Code Ann. § 18.2-152.5:1C |
Common questions about using a computer to gather identifying information in Virginia
Is using a computer to gather identifying information a felony or a misdemeanor in Virginia?
It depends on the circumstances: using a computer to gather identifying information ranges from a class 6 felony to a class 5 felony in Virginia under Va. Code Ann. § 18.2-152.5:1.
Using a computer to gather identifying information — base offense: class 6 felony (Va. Code Ann. § 18.2-152.5:1A) · Using a computer to gather identifying information — sale or distribution: class 5 felony (Va. Code Ann. § 18.2-152.5:1B) · Using a computer to gather identifying information — used in commission of another crime: class 5 felony (Va. Code Ann. § 18.2-152.5:1C)
What are the penalties for using a computer to gather identifying information in Virginia?
Penalties for using a computer to gather identifying information in Virginia depend on how it is classified — from a class 6 felony up to a class 5 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 using a computer to gather identifying information?
Using a computer to gather identifying information is governed by Va. Code Ann. § 18.2-152.5:1 (Using a computer to gather identifying information; 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.