Virginia statute

Va. Code Ann. § 18.2-374.1 — Production, publication, sale, financing, etc., of child pornography; presumption as to age

Current through 2026 Regular Session

Part of Article 5: Obscenity and Related Offenses, Code of Virginia.

Full text of Va. Code Ann. § 18.2-374.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-374.1Primary source, current through the 2026 Regular Session

A. For purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, "child pornography" means sexually explicit visual material that (i) utilizes or has as a subject an identifiable minor or (ii) depicts a minor in a state of nudity or engaged in sexual conduct, as those terms are defined in § 18.2-390 , where such depiction is obscene as defined in § 18.2-372 . An identifiable minor is a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and shall not be construed to require proof of the actual identity of the identifiable minor. For the purposes of clause (ii), the minor depicted does not have to actually exist. For the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film, digital image, including such material stored in a computer's temporary Internet cache when three or more images or streaming videos are present, or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390 , or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390 , or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent. B. A person shall be guilty of production of child pornography who: 1. Accosts, entices or solicits a person less than 18 years of age with intent to induce or force such person to perform in or be a subject of child pornography; or 2. Produces or makes or attempts or prepares to produce or make child pornography; or 3. Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means; or 4. Knowingly finances or attempts or prepares to finance child pornography. 5. [Repealed.] B1. [Repealed.] C1. Any person who violates this section, when the subject of the child pornography is a child less than 15 years of age, shall be punished by not less than five years nor more than 30 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section where the person is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 15 years nor more than 40 years, 15 years of which shall be a mandatory minimum term of imprisonment. C2. Any person who violates this section, when the subject of the child pornography is a person at least 15 but less than 18 years of age, shall be punished by not less than one year nor more than 20 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by term of imprisonment of not less than three years nor more than 30 years in a state correctional facility, three years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section when he is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 10 years nor more than 30 years, 10 years of which shall be a mandatory minimum term of imprisonment. C3. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. D. For the purposes of this section it may be inferred by text, title or appearance that a person who is depicted as or presents the appearance of being less than 18 years of age in sexually explicit visual material is less than 18 years of age. E. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs, where the alleged offender resides, or where any sexually explicit visual material associated with a violation of this section is produced, reproduced, found, stored, or possessed.

Official sources

Official section text (law.lis.virginia.gov)

Legal terms used in this section

Questions this section answers

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)

Is use of communications systems to facilitate certain offenses involving children a felony or a misdemeanor in Virginia?

It depends on the circumstances: use of communications systems to facilitate certain offenses involving children ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-374.3.

Use of communications system to procure/promote minor for prostitution or child pornography: class 6 felony (Va. Code Ann. § 18.2-374.3B) · Solicitation of child under 15 with lascivious intent: class 5 felony (Va. Code Ann. § 18.2-374.3C) · Solicitation of child at least 15 but younger than 18 with lascivious intent: class 5 felony (Va. Code Ann. § 18.2-374.3D) · Adult exposing sexual/genital parts to child 15 or older via communications system: class 1 misdemeanor (Va. Code Ann. § 18.2-374.3D) · Solicitation of minor for prostitution, sodomy, or use in violation of § 18.2-374.1 or 18.2-374.1:1: class 5 felony (Va. Code Ann. § 18.2-374.3E)

This reference is informational and is not legal advice.