Virginia Laws
18.2-60 Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty.
A. 1. Any person who knowingly communicates, in a writing, including an electronically transmitted communication producing a visual or electronic message, a threat to kill or do bodily injury to a person, regarding that person or any member of his family, and the threat places such person in reasonable apprehension of death or bodily injury to himself or his family member, is guilty of a Class 6 felony. However, any person who violates this subsection with the intent to commit an act of terrorism as defined in § 18.2-46.4 is guilty of a Class 5 felony.
2. Any person who communicates a threat, in a writing, including an electronically transmitted communication producing a visual or electronic message, to kill or do bodily harm, (i) on the grounds or premises of any elementary, middle or secondary school property, (ii) at any elementary, middle or secondary school-sponsored event or (iii) on a school bus to any person or persons, regardless of whether the person who is the object of the threat actually receives the threat, and the threat would place the person who is the object of the threat in reasonable apprehension of death or bodily harm, is guilty of a Class 6 felony.
B. Any person who orally makes a threat to any employee of any elementary, middle or secondary school, while on a school bus, on school property or at a school-sponsored activity, to kill or to do bodily injury to such person, is guilty of a Class 1 misdemeanor.
A prosecution pursuant to this section may be either in the county, city or town in which the communication was made or received.
Code 1950, § 18.1-257; 1960, c. 358; 1973, c. 118; 1975, cc. 14, 15; 1994, c. 265; 1998, cc. 687, 788; 2001, cc. 644, 653; 2002, cc. 588, 623.
2. Any person who communicates a threat, in a writing, including an electronically transmitted communication producing a visual or electronic message, to kill or do bodily harm, (i) on the grounds or premises of any elementary, middle or secondary school property, (ii) at any elementary, middle or secondary school-sponsored event or (iii) on a school bus to any person or persons, regardless of whether the person who is the object of the threat actually receives the threat, and the threat would place the person who is the object of the threat in reasonable apprehension of death or bodily harm, is guilty of a Class 6 felony.
B. Any person who orally makes a threat to any employee of any elementary, middle or secondary school, while on a school bus, on school property or at a school-sponsored activity, to kill or to do bodily injury to such person, is guilty of a Class 1 misdemeanor.
A prosecution pursuant to this section may be either in the county, city or town in which the communication was made or received.
Code 1950, § 18.1-257; 1960, c. 358; 1973, c. 118; 1975, cc. 14, 15; 1994, c. 265; 1998, cc. 687, 788; 2001, cc. 644, 653; 2002, cc. 588, 623.
18.2-374.1:1. Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty.
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 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 a law-enforcement agency, judge, or clerk who possesses such material in the course of conducting his professional duties as such.
1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935, 938; 2004, c. 995; 2007, cc. 759, 823; 2009, c. 379; 2011, cc. 399, 416; 2012, c. 369; 2013, cc. 761, 774; 2014, c. 291; 2015, c. 428.
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 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 a law-enforcement agency, judge, or clerk who possesses such material in the course of conducting his professional duties as such.
1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935, 938; 2004, c. 995; 2007, cc. 759, 823; 2009, c. 379; 2011, cc. 399, 416; 2012, c. 369; 2013, cc. 761, 774; 2014, c. 291; 2015, c. 428.
18.2-374.1:1 - Possession of child pornography; penalty
A. Any person who knowingly possesses any sexually explicit visual materialutilizing or having as a subject a person less than 18 years of age shall beguilty of a Class 6 felony. However, no prosecution for possession ofmaterial prohibited by this section shall lie where the prohibited materialcomes into the possession of the person charged from a law-enforcementofficer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material whichis 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 fidestudies or research, librarian, clergyman, attorney, judge, or other personhaving a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject aperson less than 18 years of age shall be subject to lawful seizure andforfeiture pursuant to 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this sectionshall be guilty of a Class 5 felony.
(1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935, 938;2004, c. 995.)
B. The provisions of this section shall not apply to any such material whichis 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 fidestudies or research, librarian, clergyman, attorney, judge, or other personhaving a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject aperson less than 18 years of age shall be subject to lawful seizure andforfeiture pursuant to 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this sectionshall be guilty of a Class 5 felony.
(1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935, 938;2004, c. 995.)
§ 18.2-386.1. Unlawful creation of image of another; penalty.
A. It shall be unlawful for any person to knowingly and intentionallyvideotape, photograph, or film any nonconsenting person or create anyvideographic or still image record by any means whatsoever of thenonconsenting person if (i) that person is totally nude, clad inundergarments, or in a state of undress so as to expose the genitals, pubicarea, buttocks or female breast in a restroom, dressing room, locker room,hotel room, motel room, tanning bed, tanning booth, bedroom or otherlocation; or (ii) the videotape, photograph, film or videographic or stillimage record is created by placing the lens or image-gathering component ofthe recording device in a position directly beneath or between a person'slegs for the purpose of capturing an image of the person's intimate parts orundergarments covering those intimate parts when the intimate parts orundergarments would not otherwise be visible to the general public; and whenthe circumstances set forth in clause (i) or (ii) are otherwise such that theperson being videotaped, photographed, filmed or otherwise recorded wouldhave a reasonable expectation of privacy.
B. The provisions of this section shall not apply to filming, videotaping orphotographing or other still image or videographic recording by (i)law-enforcement officers pursuant to a criminal investigation which isotherwise lawful or (ii) correctional officials and local or regional jailofficials for security purposes or for investigations of alleged misconductinvolving a person committed to the Department of Corrections or to a localor regional jail, or to any sound recording of an oral conversation made as aresult of any videotaping or filming pursuant to Chapter 6 ( 19.2-61 etseq.) of Title 19.2.
C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.
D. A violation of subsection A involving a nonconsenting person under the ageof 18 shall be punishable as a Class 6 felony.
B. The provisions of this section shall not apply to filming, videotaping orphotographing or other still image or videographic recording by (i)law-enforcement officers pursuant to a criminal investigation which isotherwise lawful or (ii) correctional officials and local or regional jailofficials for security purposes or for investigations of alleged misconductinvolving a person committed to the Department of Corrections or to a localor regional jail, or to any sound recording of an oral conversation made as aresult of any videotaping or filming pursuant to Chapter 6 ( 19.2-61 etseq.) of Title 19.2.
C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.
D. A violation of subsection A involving a nonconsenting person under the ageof 18 shall be punishable as a Class 6 felony.