{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-190.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-190.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-190.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-190.1.html"}],"law_id":66452,"edition_id":1,"section_id":66452,"structure_id":13853,"section_number":"18.2-190.1","catch_line":"Definitions","history":"1993, c. 439; 1998, c. 518; 2002, c. 671; 2003, c. 354.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t“Electronic communication device” means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.\n\t\t“Electronic communication service” means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section.\n\t\t“Electronic communication service provider” means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i).\n\t\t“Equipment or materials used to manufacture an unlawful electronic communication device” means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider.\n\t\t“Manufacture of an unlawful electronic communication device” means to make, produce or assemble an unlawful electronic communication device, or to modify, alter, program or reprogram an electronic communication device to be capable of performing any of the illegal functions of an unlawful electronic communication device as that term is defined in this section.\n\t\t“Sell” means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same.\n\t\t“Unlawful electronic communication device” means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. Such unlawful devices include, but are not limited to (i) any device, technology, product, service, equipment, computer software, or any component or part thereof, primarily distributed, sold, designed, assembled, developed, manufactured, modified, programmed, reprogrammed or used for the purpose of facilitating the unauthorized receipt of, transmission of, disruption of, decryption of, access to, or acquisition of any electronic communication service provided by any electronic communication service provider; and (ii) any type of instrument, device, machine, equipment, technology, or software that is primarily designed, assembled, manufactured, developed, sold, distributed, possessed, used or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any electronic communication service or of any data, audio or video programs or transmissions, to protect any such electronic communication, data, audio or video services, programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission or retransmission.","order_by":null,"text":{"0":{"id":241187,"text":"As used in this article, unless the context requires a different meaning:\n\t\t“Electronic communication device” means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.\n\t\t“Electronic communication service” means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section.\n\t\t“Electronic communication service provider” means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i).\n\t\t“Equipment or materials used to manufacture an unlawful electronic communication device” means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider.\n\t\t“Manufacture of an unlawful electronic communication device” means to make, produce or assemble an unlawful electronic communication device, or to modify, alter, program or reprogram an electronic communication device to be capable of performing any of the illegal functions of an unlawful electronic communication device as that term is defined in this section.\n\t\t“Sell” means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same.\n\t\t“Unlawful electronic communication device” means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. Such unlawful devices include, but are not limited to (i) any device, technology, product, service, equipment, computer software, or any component or part thereof, primarily distributed, sold, designed, assembled, developed, manufactured, modified, programmed, reprogrammed or used for the purpose of facilitating the unauthorized receipt of, transmission of, disruption of, decryption of, access to, or acquisition of any electronic communication service provided by any electronic communication service provider; and (ii) any type of instrument, device, machine, equipment, technology, or software that is primarily designed, assembled, manufactured, developed, sold, distributed, possessed, used or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any electronic communication service or of any data, audio or video programs or transmissions, to protect any such electronic communication, data, audio or video services, programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission or retransmission.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13853,"edition_id":1,"name":"Offenses Involving Electronic Communication Devices","identifier":"5.1","label":"article","depth":3,"order_by":1,"parent_id":13358,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":166155,"object_type":"structure","relational_id":13853,"identifier":"5.1","token":"18.2\/6\/5.1","url":"\/18.2\/6\/5.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13358,"edition_id":1,"name":"Crimes Involving Fraud","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":165933,"object_type":"structure","relational_id":13358,"identifier":"6","token":"18.2\/6","url":"\/18.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66452,"structure_id":13853,"section_number":"18.2-190.1","catch_line":"Definitions","url":"\/18.2-190.1\/","token":"18.2\/6\/5.1\/18.2-190.1","metadata":false},{"id":68896,"structure_id":13853,"section_number":"18.2-190.2","catch_line":"Possession of an unlawful electronic communication device or equipment etc., used to manufacture such device; penalty","url":"\/18.2-190.2\/","token":"18.2\/6\/5.1\/18.2-190.2","metadata":false},{"id":71988,"structure_id":13853,"section_number":"18.2-190.3","catch_line":"Sale of an unlawful electronic communication device; penalty","url":"\/18.2-190.3\/","token":"18.2\/6\/5.1\/18.2-190.3","metadata":false},{"id":65493,"structure_id":13853,"section_number":"18.2-190.4","catch_line":"Manufacture of an unlawful electronic communication device; penalty","url":"\/18.2-190.4\/","token":"18.2\/6\/5.1\/18.2-190.4","metadata":false},{"id":85030,"structure_id":13853,"section_number":"18.2-190.5","catch_line":"Separate offenses; penalty","url":"\/18.2-190.5\/","token":"18.2\/6\/5.1\/18.2-190.5","metadata":false},{"id":73751,"structure_id":13853,"section_number":"18.2-190.6","catch_line":"Restitution","url":"\/18.2-190.6\/","token":"18.2\/6\/5.1\/18.2-190.6","metadata":false},{"id":80207,"structure_id":13853,"section_number":"18.2-190.7","catch_line":"Repealed","url":"\/18.2-190.7\/","token":"18.2\/6\/5.1\/18.2-190.7","metadata":false},{"id":54875,"structure_id":13853,"section_number":"18.2-190.8","catch_line":"Civil relief; damages","url":"\/18.2-190.8\/","token":"18.2\/6\/5.1\/18.2-190.8","metadata":false}],"next_section":{"id":68896,"structure_id":13853,"section_number":"18.2-190.2","catch_line":"Possession of an unlawful electronic communication device or equipment etc., used to manufacture such device; penalty","url":"\/18.2-190.2\/","token":"18.2\/6\/5.1\/18.2-190.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-190.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 439 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1998, chapter 518<\/a>; in 2002, chapter 671<\/a>; in 2003, chapter 354<\/a>.<\/p>","references":[{"id":64355,"section_number":"18.2-187.1","catch_line":"Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service without payment; penalty; civil liability","order_by":null,"url":"\/18.2-187.1\/"},{"id":68896,"section_number":"18.2-190.2","catch_line":"Possession of an unlawful electronic communication device or equipment etc., used to manufacture such device; penalty","order_by":null,"url":"\/18.2-190.2\/"},{"id":74317,"section_number":"8.01-46.2","catch_line":"Civil action for dissemination of intimate images to another; penalty","order_by":null,"url":"\/8.01-46.2\/"}],"refers_to":false,"permalink":{"id":166157,"object_type":"law","relational_id":66452,"identifier":"18.2-190.1","token":"18.2\/6\/5.1\/18.2-190.1","url":"\/18.2-190.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-190.1\/","token":"18.2\/6\/5.1\/18.2-190.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-190.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article, unless the context requires a different meaning:\n\t\t“Electronic communication device<\/span>” means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory<\/span> or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit<\/span>, computer chip, security module, smart card, electronic mechanism, or other component, accessory<\/span> or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.\n\t\t“Electronic communication service<\/span>” means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device<\/span> as that term is defined in this section.\n\t\t“Electronic communication service<\/span> provider<\/span>” means any person or entity providing any electronic communication service<\/span> including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service<\/span> provider<\/span>; and (iii) any person or entity providing an electronic communication service<\/span> directly or indirectly using any of the systems, networks, or facilities described in clause (i).\n\t\t“Equipment or materials used to manufacture an unlawful electronic communication device<\/span><\/span><\/span>” means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory<\/span> or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service<\/span> without the actual consent or knowledge of the electronic communication service<\/span> provider<\/span>.\n\t\t“Manufacture of an unlawful electronic communication device<\/span><\/span><\/span>” means to make, produce or assemble an unlawful electronic communication device<\/span><\/span>, or to modify, alter, program or reprogram an electronic communication device<\/span> to be capable of performing any of the illegal functions of an unlawful electronic communication device<\/span><\/span> as that term is defined in this section.\n\t\t“Sell<\/span>” means to sell<\/span>, exchange, lease, give or dispose of to another or to offer or agree to do the same.\n\t\t“Unlawful electronic communication device<\/span><\/span>” means any electronic communication device<\/span> that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device<\/span>, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service<\/span> without the actual consent or knowledge of the electronic communication service<\/span> provider<\/span>. Such unlawful devices include, but are not limited to (i) any device, technology, product, service, equipment, computer software, or any component or part thereof, primarily distributed, sold, designed, assembled, developed, manufactured, modified, programmed, reprogrammed or used for the purpose of facilitating the unauthorized receipt of, transmission of, disruption of, decryption of, access to, or acquisition of any electronic communication service<\/span> provided by any electronic communication service<\/span> provider<\/span>; and (ii) any type of instrument, device, machine, equipment, technology, or software that is primarily designed, assembled, manufactured, developed, sold, distributed, possessed, used or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any electronic communication service<\/span> or of any data, audio or video programs or transmissions, to protect any such electronic communication, data, audio or video services, programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission or retransmission.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 18.2-190.1)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t“Electronic communication device” means (i) any type of\ninstrument, device, machine, equipment or software that is capable of\ntransmitting, acquiring, encrypting, decrypting or receiving any signs, signals,\nwritings, images and sounds or intelligence of any nature by wire, radio,\noptical or other electromagnetic systems or (ii) any part, accessory or\ncomponent of such an instrument, device, machine, equipment or software,\nincluding, but not limited to, any computer circuit, computer chip, security\nmodule, smart card, electronic mechanism, or other component, accessory or part,\nthat is capable of facilitating the transmission, acquisition, encryption,\ndecryption or reception of signs, signals, writings, images, and sounds or\nintelligence of any nature by wire, radio, optical or other electromagnetic\nsystems.\n\t\t“Electronic communication service” means any service provided for\na charge or compensation to facilitate the lawful origination, transmission,\nemission or reception of signs, signals, writings, images and sounds or\nintelligence of any nature through the use of an electronic communication device\nas that term is defined in this section.\n\t\t“Electronic communication service provider” means any person or\nentity providing any electronic communication service including (i) any person\nor entity owning or operating any cable television, satellite, Internet-based,\ntelephone, wireless, microwave, fiber optic, data transmission or radio\ndistribution network, system or facility; (ii) any person or entity that for a\nfee supplies equipment or services to an electronic communication service\nprovider; and (iii) any person or entity providing an electronic communication\nservice directly or indirectly using any of the systems, networks, or facilities\ndescribed in clause (i).\n\t\t“Equipment or materials used to manufacture an unlawful electronic\ncommunication device” means (i) a scanner capable of intercepting the\nelectronic serial number or mobile identification number of a cellular or other\nwireless telephone; (ii) electronic software or hardware capable of altering or\nchanging the factory-installed electronic serial number of a cellular or other\nwireless telephone or a computer containing such software; (iii) a list of\ncellular or other wireless telephone electronic serial numbers with their\nassociated mobile identification numbers; or (iv) a part, accessory or component\nof an unlawful electronic communications device possessed or used in the\nmanufacture of such device including any electronic serial number, computer\nsoftware, mobile identification number, service access card, account number, or\npersonal identification number used to acquire, receive, use, decrypt or\ntransmit an electronic communication service without the actual consent or\nknowledge of the electronic communication service provider.\n\t\t“Manufacture of an unlawful electronic communication device” means\nto make, produce or assemble an unlawful electronic communication device, or to\nmodify, alter, program or reprogram an electronic communication device to be\ncapable of performing any of the illegal functions of an unlawful electronic\ncommunication device as that term is defined in this section.\n\t\t“Sell” means to sell, exchange, lease, give or dispose of to\nanother or to offer or agree to do the same.\n\t\t“Unlawful electronic communication device” means any electronic\ncommunication device that has been manufactured, designed, developed, altered,\nmodified, programmed or reprogrammed, alone or in conjunction with another\nelectronic communication device, so as to be capable of facilitating the\ndisruption, acquisition, receipt, transmission, retransmission or decryption of\nan electronic communication service without the actual consent or knowledge of\nthe electronic communication service provider. Such unlawful devices include,\nbut are not limited to (i) any device, technology, product, service, equipment,\ncomputer software, or any component or part thereof, primarily distributed,\nsold, designed, assembled, developed, manufactured, modified, programmed,\nreprogrammed or used for the purpose of facilitating the unauthorized receipt\nof, transmission of, disruption of, decryption of, access to, or acquisition of\nany electronic communication service provided by any electronic communication\nservice provider; and (ii) any type of instrument, device, machine, equipment,\ntechnology, or software that is primarily designed, assembled, manufactured,\ndeveloped, sold, distributed, possessed, used or offered, promoted or advertised\nfor the purpose of defeating or circumventing any technology, device or\nsoftware, or any component or part thereof, used by the provider, owner or\nlicensee of any electronic communication service or of any data, audio or video\nprograms or transmissions, to protect any such electronic communication, data,\naudio or video services, programs or transmissions from unauthorized receipt,\nacquisition, access, decryption, disclosure, communication, transmission or\nretransmission.\n\nHISTORY: 1993, c. 439; 1998, c. 518; 2002, c. 671; 2003, c. 354.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}