{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-246.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-246.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-246.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-246.13.html"}],"law_id":76278,"edition_id":1,"section_id":76278,"structure_id":16303,"section_number":"18.2-246.13","catch_line":"Civil penalties; penalties","history":"2003, c. 1010; 2004, c. 995; 2009, c. 847; 2013, c. 625.","full_text":"A\n\nIn addition to any criminal penalties for violations of this article and except for civil penalties otherwise provided in this article, a first violation of any provision of this article shall be punishable by a civil penalty of no more than $1,000. A second or subsequent violation of any provision of this article shall be punishable by a civil penalty of no more than $10,000.B\n\nAny prospective consumer who knowingly submits a false certification under subdivision A 1 of § 18.2-246.8 shall be subject to a civil penalty of no more than $5,000 for each such offense.C\n\nAny person failing to collect or remit to the Board or the Department of Taxation any tax required in connection with a delivery sale shall be assessed, in addition to any other applicable penalty, a civil penalty of no more than five times the retail value of the cigarettes involved.D\n\nAny civil penalty collected under this article shall be paid to the general fund.E\n\nAny person who fails to file the statement required by subsection A of § 18.2-246.11 and thereafter makes a delivery sale is guilty of a Class 1 misdemeanor and for any second or subsequent offense is guilty of a violation of § 18.2-498.3.F\n\nAny person who knowingly and with the intent to defraud, mislead, or deceive makes a statement filed as required by subsection A of § 18.2-246.11 which is false is guilty of a violation of § 18.2-498.3. Each such filed statement containing one or more false statements shall constitute a separate offense.G\n\nAny person who fails to make the report required by subsection B of § 18.2-246.11 is guilty of a Class 1 misdemeanor and for any second or subsequent offense is guilty of a violation of § 18.2-498.3.H\n\nAny person who knowingly and with the intent to defraud, mislead, or deceive makes a materially false statement in any report required by subsection B of § 18.2-246.11 is guilty of a violation of § 18.2-498.3. Each such report containing one or more false statements constitutes a separate offense.","order_by":null,"text":{"0":{"id":273829,"text":"In addition to any criminal penalties for violations of this article and except for civil penalties otherwise provided in this article, a first violation of any provision of this article shall be punishable by a civil penalty of no more than $1,000. A second or subsequent violation of any provision of this article shall be punishable by a civil penalty of no more than $10,000.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273830,"text":"Any prospective consumer who knowingly submits a false certification under subdivision A 1 of § 18.2-246.8 shall be subject to a civil penalty of no more than $5,000 for each such offense.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273831,"text":"Any person failing to collect or remit to the Board or the Department of Taxation any tax required in connection with a delivery sale shall be assessed, in addition to any other applicable penalty, a civil penalty of no more than five times the retail value of the cigarettes involved.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":273832,"text":"Any civil penalty collected under this article shall be paid to the general fund.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":273833,"text":"Any person who fails to file the statement required by subsection A of § 18.2-246.11 and thereafter makes a delivery sale is guilty of a Class 1 misdemeanor and for any second or subsequent offense is guilty of a violation of § 18.2-498.3.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":273834,"text":"Any person who knowingly and with the intent to defraud, mislead, or deceive makes a statement filed as required by subsection A of § 18.2-246.11 which is false is guilty of a violation of § 18.2-498.3. Each such filed statement containing one or more false statements shall constitute a separate offense.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":273835,"text":"Any person who fails to make the report required by subsection B of § 18.2-246.11 is guilty of a Class 1 misdemeanor and for any second or subsequent offense is guilty of a violation of § 18.2-498.3.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":273836,"text":"Any person who knowingly and with the intent to defraud, mislead, or deceive makes a materially false statement in any report required by subsection B of § 18.2-246.11 is guilty of a violation of § 18.2-498.3. Each such report containing one or more false statements constitutes a separate offense.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":16303,"edition_id":1,"name":"Cigarette Delivery Sale Requirements","identifier":"10","label":"article","depth":3,"order_by":1,"parent_id":13358,"metadata":{},"date_created":"2026-06-26 04:13:07","date_modified":"2026-06-26 04:13:07","permalink":{"id":165969,"object_type":"structure","relational_id":16303,"identifier":"10","token":"18.2\/6\/10","url":"\/18.2\/6\/10\/","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":77474,"structure_id":16303,"section_number":"18.2-246.10","catch_line":"Shipping requirements","url":"\/18.2-246.10\/","token":"18.2\/6\/10\/18.2-246.10","metadata":false},{"id":72390,"structure_id":16303,"section_number":"18.2-246.11","catch_line":"Registration and reporting requirements","url":"\/18.2-246.11\/","token":"18.2\/6\/10\/18.2-246.11","metadata":false},{"id":82071,"structure_id":16303,"section_number":"18.2-246.12","catch_line":"Collection of taxes","url":"\/18.2-246.12\/","token":"18.2\/6\/10\/18.2-246.12","metadata":false},{"id":76278,"structure_id":16303,"section_number":"18.2-246.13","catch_line":"Civil penalties; penalties","url":"\/18.2-246.13\/","token":"18.2\/6\/10\/18.2-246.13","metadata":false},{"id":66398,"structure_id":16303,"section_number":"18.2-246.14","catch_line":"Counterfeit cigarettes; penalty; civil penalty","url":"\/18.2-246.14\/","token":"18.2\/6\/10\/18.2-246.14","metadata":false},{"id":71537,"structure_id":16303,"section_number":"18.2-246.15","catch_line":"Enforcement","url":"\/18.2-246.15\/","token":"18.2\/6\/10\/18.2-246.15","metadata":false},{"id":66660,"structure_id":16303,"section_number":"18.2-246.6","catch_line":"Definitions","url":"\/18.2-246.6\/","token":"18.2\/6\/10\/18.2-246.6","metadata":false},{"id":81826,"structure_id":16303,"section_number":"18.2-246.7","catch_line":"Requirements for delivery sales","url":"\/18.2-246.7\/","token":"18.2\/6\/10\/18.2-246.7","metadata":false},{"id":68786,"structure_id":16303,"section_number":"18.2-246.8","catch_line":"Age verification requirements","url":"\/18.2-246.8\/","token":"18.2\/6\/10\/18.2-246.8","metadata":false},{"id":86235,"structure_id":16303,"section_number":"18.2-246.9","catch_line":"Disclosure requirements","url":"\/18.2-246.9\/","token":"18.2\/6\/10\/18.2-246.9","metadata":false}],"previous_section":{"id":82071,"structure_id":16303,"section_number":"18.2-246.12","catch_line":"Collection of taxes","url":"\/18.2-246.12\/","token":"18.2\/6\/10\/18.2-246.12","metadata":false},"next_section":{"id":66398,"structure_id":16303,"section_number":"18.2-246.14","catch_line":"Counterfeit cigarettes; penalty; civil penalty","url":"\/18.2-246.14\/","token":"18.2\/6\/10\/18.2-246.14","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-246.13\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 1010<\/a> 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. 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 2004, chapter 995<\/a>; in 2009, chapter 847<\/a>; in 2013, chapter 625<\/a>.<\/p>","references":[{"id":68291,"section_number":"18.2-513","catch_line":"Definitions","order_by":null,"url":"\/18.2-513\/"}],"refers_to":[{"id":72390,"section_number":"18.2-246.11","catch_line":"Registration and reporting requirements","order_by":null,"url":"\/18.2-246.11\/"},{"id":68786,"section_number":"18.2-246.8","catch_line":"Age verification requirements","order_by":null,"url":"\/18.2-246.8\/"},{"id":76852,"section_number":"18.2-498.3","catch_line":"Misrepresentations prohibited","order_by":null,"url":"\/18.2-498.3\/"}],"permalink":{"id":165983,"object_type":"law","relational_id":76278,"identifier":"18.2-246.13","token":"18.2\/6\/10\/18.2-246.13","url":"\/18.2-246.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-246.13\/","token":"18.2\/6\/10\/18.2-246.13","dublin_core":{"Title":"Civil penalties; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-246.13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to any criminal penalties for violations of this article and except for civil penalties otherwise provided in this article, a first violation of any provision of this article shall be punishable by a civil penalty<\/span> of no more than $1,000. A second or subsequent violation of any provision of this article shall be punishable by a civil penalty<\/span> of no more than $10,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any prospective consumer<\/span> who knowingly submits a false certification under subdivision A 1 of § 18.2-246.8<\/a> shall be subject to a civil penalty<\/span> of no more than $5,000 for each such offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person failing to collect or remit to the Board<\/span> or the Department of Taxation any tax required in connection with a delivery sale<\/span> shall be assessed, in addition to any other applicable penalty<\/span>, a civil penalty<\/span> of no more than five times the retail value of the cigarettes<\/span> involved. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any civil penalty<\/span> collected under this article shall be paid to the general fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person who fails to file the statement required by subsection A of § 18.2-246.11<\/a> and thereafter makes a delivery sale<\/span> is guilty of a Class 1 misdemeanor<\/span> and for any second or subsequent offense<\/span> is guilty of a violation of § 18.2-498.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person who knowingly and with the intent<\/span> to defraud, mislead, or deceive makes a statement filed as required by subsection A of § 18.2-246.11<\/a> which is false is guilty of a violation of § 18.2-498.3<\/a>. Each such filed statement containing one or more false statements shall constitute a separate offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any person who fails to make the report required by subsection B of § 18.2-246.11<\/a> is guilty of a Class 1 misdemeanor<\/span> and for any second or subsequent offense<\/span> is guilty of a violation of § 18.2-498.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any person who knowingly and with the intent<\/span> to defraud, mislead, or deceive makes a materially false statement in any report required by subsection B of § 18.2-246.11<\/a> is guilty of a violation of § 18.2-498.3<\/a>. Each such report containing one or more false statements constitutes a separate offense<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES; PENALTIES (\u00a7 18.2-246.13)\n\nA. In addition to any criminal penalties for violations of this article and\nexcept for civil penalties otherwise provided in this article, a first violation\nof any provision of this article shall be punishable by a civil penalty of no\nmore than $1,000. A second or subsequent violation of any provision of this\narticle shall be punishable by a civil penalty of no more than $10,000.\n\nB. Any prospective consumer who knowingly submits a false certification under\nsubdivision A 1 of § 18.2-246.8 shall be subject to a civil penalty of no\nmore than $5,000 for each such offense.\n\nC. Any person failing to collect or remit to the Board or the Department of\nTaxation any tax required in connection with a delivery sale shall be assessed,\nin addition to any other applicable penalty, a civil penalty of no more than\nfive times the retail value of the cigarettes involved.\n\nD. Any civil penalty collected under this article shall be paid to the general\nfund.\n\nE. Any person who fails to file the statement required by subsection A of §\n18.2-246.11 and thereafter makes a delivery sale is guilty of a Class 1\nmisdemeanor and for any second or subsequent offense is guilty of a violation of\n§ 18.2-498.3.\n\nF. Any person who knowingly and with the intent to defraud, mislead, or deceive\nmakes a statement filed as required by subsection A of § 18.2-246.11 which\nis false is guilty of a violation of § 18.2-498.3. Each such filed\nstatement containing one or more false statements shall constitute a separate\noffense.\n\nG. Any person who fails to make the report required by subsection B of §\n18.2-246.11 is guilty of a Class 1 misdemeanor and for any second or subsequent\noffense is guilty of a violation of § 18.2-498.3.\n\nH. Any person who knowingly and with the intent to defraud, mislead, or deceive\nmakes a materially false statement in any report required by subsection B of\n§ 18.2-246.11 is guilty of a violation of § 18.2-498.3. Each such\nreport containing one or more false statements constitutes a separate offense.\n\nHISTORY: 2003, c. 1010; 2004, c. 995; 2009, c. 847; 2013, c. 625.","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}}