subject: Child Pornography Penalty In Virginia Possession Code 18.2-374.1:1 [print this page] Child Pornography Penalty In Virginia Possession Code 18.2-374.1:1
Child Pornography Penalty In Virginia
Virginia Code Section 18.2-374.1:1 codifies the crime of possession of child pornography and the penalty for possession of child pornography. A first offense of possession of child pornography in Virginia is a Class 6 felony and the maximum penalty is 5 years in jail. A second or subsequent offense is a Class 5 felony and the maximum penalty is 10 years.
Virginia Code Section 18.2-374.1:1. Possession of child pornography; penalty.
A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.
Disclaimer:
The information provided herein is not meant to be legal advice. If you need the assistance of an attorney in Virginia, contact a lawyer for legal advice.
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