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Virginia statute

Va. Code Ann. § 18.2-374.1:1 — Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty

Current through 2026 Regular Session

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

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-374.1:1

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. § 18.2-374.1:1Primary source, current through the 2026 Regular Session
A. Any person who knowingly possesses child pornography is guilty of a Class 6 felony. B. Any person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony. C. Any person who knowingly (i) reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility. Any person who commits a second or subsequent violation under this subsection shall be punished by a term of imprisonment of not less than five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. D. Any person who intentionally operates an Internet website for the purpose of facilitating the payment for access to child pornography is guilty of a Class 4 felony. E. All child pornography shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31 . F. For 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. G. 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 child pornography is produced, reproduced, found, stored, received, or possessed in violation of this section. H. The provisions of this section shall not apply to any such material that is possessed for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose by a physician, psychologist, scientist, attorney, employee of the Department of Social Services or a local department of social services, employee of a law-enforcement agency, judge, or clerk and such person possesses such material in the course of conducting his professional duties as such.

Official sources

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)

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).

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.