{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-246.14.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-246.14.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-246.14.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-246.14.html"}],"law_id":66398,"edition_id":1,"section_id":66398,"structure_id":16303,"section_number":"18.2-246.14","catch_line":"Counterfeit cigarettes; penalty; civil penalty","history":"2003, c. 1010; 2004, c. 995; 2013, c. 625.","full_text":"A\n\nIt is unlawful to distribute or possess counterfeit cigarettes.B\n\nAny person who knowingly distributes or possesses with the intent to distribute a total quantity of less than 10 cartons of counterfeit cigarettes is guilty of a Class 1 misdemeanor. Any person who is convicted of a second or subsequent offense involving a total quantity of less than 10 cartons of counterfeit cigarettes is guilty of a Class 6 felony, provided that the accused was at liberty as defined in § 53.1-151 between each conviction, and it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this subsection. Any person who knowingly distributes or possesses with the intent to distribute a total quantity of 10 or more cartons of counterfeit cigarettes is guilty of a Class 6 felony.C\n\nAny person who knowingly violates subsection A with a total quantity of less than two cartons of cigarettes shall be punished by a civil penalty of no more than $1,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense involving a total quantity of less than two cartons of cigarettes, be punished by a civil penalty of no more than $5,000 and, if applicable, the revocation by the Department of Taxation of his wholesale dealer license.D\n\nAny person who knowingly violates subsection A with a total quantity of two or more cartons of cigarettes shall be punished by a civil penalty of no more than $2,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense involving a total quantity of two or more cartons of cigarettes, be punished by a civil penalty of no more than $50,000 and, if applicable, the revocation by the Department of Taxation of his wholesale dealer license.\n\t\t\tFor purposes of this section, counterfeit cigarettes shall include but not be limited to cigarettes that (i) have false manufacturing labels, (ii) are not manufactured by the manufacturer indicated on the container, or (iii) have affixed to the container a false tax stamp.","order_by":null,"text":{"0":{"id":241022,"text":"It is unlawful to distribute or possess counterfeit cigarettes.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241023,"text":"Any person who knowingly distributes or possesses with the intent to distribute a total quantity of less than 10 cartons of counterfeit cigarettes is guilty of a Class 1 misdemeanor. Any person who is convicted of a second or subsequent offense involving a total quantity of less than 10 cartons of counterfeit cigarettes is guilty of a Class 6 felony, provided that the accused was at liberty as defined in § 53.1-151 between each conviction, and it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this subsection. Any person who knowingly distributes or possesses with the intent to distribute a total quantity of 10 or more cartons of counterfeit cigarettes is guilty of a Class 6 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":241024,"text":"Any person who knowingly violates subsection A with a total quantity of less than two cartons of cigarettes shall be punished by a civil penalty of no more than $1,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense involving a total quantity of less than two cartons of cigarettes, be punished by a civil penalty of no more than $5,000 and, if applicable, the revocation by the Department of Taxation of his wholesale dealer license.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":241025,"text":"Any person who knowingly violates subsection A with a total quantity of two or more cartons of cigarettes shall be punished by a civil penalty of no more than $2,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense involving a total quantity of two or more cartons of cigarettes, be punished by a civil penalty of no more than $50,000 and, if applicable, the revocation by the Department of Taxation of his wholesale dealer license.\n\t\t\tFor purposes of this section, counterfeit cigarettes shall include but not be limited to cigarettes that (i) have false manufacturing labels, (ii) are not manufactured by the manufacturer indicated on the container, or (iii) have affixed to the container a false tax stamp.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-246.14\/","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 2 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 2013, chapter 625<\/a>.<\/p>","references":[{"id":77143,"section_number":"19.2-215.1","catch_line":"Functions of a multi-jurisdiction grand jury","order_by":null,"url":"\/19.2-215.1\/"},{"id":76319,"section_number":"19.2-386.21","catch_line":"Forfeiture of counterfeit and contraband cigarettes","order_by":null,"url":"\/19.2-386.21\/"},{"id":73168,"section_number":"2.2-509.1","catch_line":"Powers of investigators; enforcement of certain tobacco laws","order_by":null,"url":"\/2.2-509.1\/"},{"id":86288,"section_number":"4.1-105","catch_line":"Police power of members, agents and employees of Board","order_by":null,"url":"\/4.1-105\/"}],"refers_to":[{"id":81762,"section_number":"53.1-151","catch_line":"Eligibility for parole","order_by":null,"url":"\/53.1-151\/"}],"permalink":{"id":165987,"object_type":"law","relational_id":66398,"identifier":"18.2-246.14","token":"18.2\/6\/10\/18.2-246.14","url":"\/18.2-246.14\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-246.14\/","token":"18.2\/6\/10\/18.2-246.14","dublin_core":{"Title":"Counterfeit cigarettes; penalty; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-246.14","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful to distribute or possess counterfeit cigarettes<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who knowingly distributes or possesses with the intent<\/span> to distribute a total quantity of less than 10 cartons of counterfeit cigarettes<\/span> is guilty of a Class 1 misdemeanor<\/span>. Any person who is convicted of a second or subsequent offense<\/span> involving a total quantity of less than 10 cartons of counterfeit cigarettes<\/span> is guilty of a Class 6 felony<\/span>, provided that the accused<\/span> was at liberty as defined in § 53.1-151<\/a> between each conviction<\/span>, and it is admitted, or found by the jury<\/span> or judge<\/span> before whom the person is tried, that the accused<\/span> was previously convicted of a violation of this subsection. Any person who knowingly distributes or possesses with the intent<\/span> to distribute a total quantity of 10 or more cartons of counterfeit cigarettes<\/span> is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who knowingly violates subsection A with a total quantity of less than two cartons of cigarettes<\/span> shall be punished by a civil penalty<\/span> of no more than $1,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense<\/span> involving a total quantity of less than two cartons of cigarettes<\/span>, be punished by a civil penalty<\/span> of no more than $5,000 and, if applicable, the revocation<\/span> by the Department of Taxation of his wholesale dealer license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person who knowingly violates subsection A with a total quantity of two or more cartons of cigarettes<\/span> shall be punished by a civil penalty<\/span> of no more than $2,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense<\/span> involving a total quantity of two or more cartons of cigarettes<\/span>, be punished by a civil penalty<\/span> of no more than $50,000 and, if applicable, the revocation<\/span> by the Department of Taxation of his wholesale dealer license.\n\t\t\tFor purposes of this section, counterfeit cigarettes<\/span> shall include but not be limited to cigarettes<\/span> that (i) have false manufacturing labels, (ii) are not manufactured by the manufacturer indicated on the container, or (iii) have affixed to the container a false tax stamp. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOUNTERFEIT CIGARETTES; PENALTY; CIVIL PENALTY (\u00a7 18.2-246.14)\n\nA. It is unlawful to distribute or possess counterfeit cigarettes.\n\nB. Any person who knowingly distributes or possesses with the intent to\ndistribute a total quantity of less than 10 cartons of counterfeit cigarettes is\nguilty of a Class 1 misdemeanor. Any person who is convicted of a second or\nsubsequent offense involving a total quantity of less than 10 cartons of\ncounterfeit cigarettes is guilty of a Class 6 felony, provided that the accused\nwas at liberty as defined in § 53.1-151 between each conviction, and it is\nadmitted, or found by the jury or judge before whom the person is tried, that\nthe accused was previously convicted of a violation of this subsection. Any\nperson who knowingly distributes or possesses with the intent to distribute a\ntotal quantity of 10 or more cartons of counterfeit cigarettes is guilty of a\nClass 6 felony.\n\nC. Any person who knowingly violates subsection A with a total quantity of less\nthan two cartons of cigarettes shall be punished by a civil penalty of no more\nthan $1,000. Any person who knowingly violates subsection A shall, for a second\nor subsequent offense involving a total quantity of less than two cartons of\ncigarettes, be punished by a civil penalty of no more than $5,000 and, if\napplicable, the revocation by the Department of Taxation of his wholesale dealer\nlicense.\n\nD. Any person who knowingly violates subsection A with a total quantity of two\nor more cartons of cigarettes shall be punished by a civil penalty of no more\nthan $2,000. Any person who knowingly violates subsection A shall, for a second\nor subsequent offense involving a total quantity of two or more cartons of\ncigarettes, be punished by a civil penalty of no more than $50,000 and, if\napplicable, the revocation by the Department of Taxation of his wholesale dealer\nlicense.\n\t\t\tFor purposes of this section, counterfeit cigarettes shall include but not be\nlimited to cigarettes that (i) have false manufacturing labels, (ii) are not\nmanufactured by the manufacturer indicated on the container, or (iii) have\naffixed to the container a false tax stamp.\n\nHISTORY: 2003, c. 1010; 2004, c. 995; 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}}