{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-374.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-374.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-374.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-374.1.html"}],"law_id":61326,"edition_id":1,"section_id":61326,"structure_id":14633,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","history":"1979, c. 348; 1983, c. 524; 1986, c. 585; 1992, c. 234; 1995, c. 839; 2007, cc. 418, 759, 823; 2013, cc. 761, 774; 2015, c. 709; 2020, c. 489; 2024, c. 262.","full_text":"A\n\nFor purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, “child pornography” means sexually explicit visual material that (i) utilizes or has as a subject an identifiable minor or (ii) depicts a minor in a state of nudity or engaged in sexual conduct, as those terms are defined in § 18.2-390, where such depiction is obscene as defined in § 18.2-372. An identifiable minor is a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and shall not be construed to require proof of the actual identity of the identifiable minor. For the purposes of clause (ii), the minor depicted does not have to actually exist.\n\t\t\tFor the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term “sexually explicit visual material” means a picture, photograph, drawing, sculpture, motion picture film, digital image, including such material stored in a computer’s temporary Internet cache when three or more images or streaming videos are present, or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.B\n\nA person shall be guilty of production of child pornography who:1\n\nAccosts, entices or solicits a person less than 18 years of age with intent to induce or force such person to perform in or be a subject of child pornography; or2\n\nProduces or makes or attempts or prepares to produce or make child pornography; or3\n\nWho knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means; or4\n\nKnowingly finances or attempts or prepares to finance child pornography.5\n\n[Repealed.]B1\n\n[Repealed.]C1\n\nAny person who violates this section, when the subject of the child pornography is a child less than 15 years of age, shall be punished by not less than five years nor more than 30 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section where the person is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 15 years nor more than 40 years, 15 years of which shall be a mandatory minimum term of imprisonment.C2\n\nAny person who violates this section, when the subject of the child pornography is a person at least 15 but less than 18 years of age, shall be punished by not less than one year nor more than 20 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by term of imprisonment of not less than three years nor more than 30 years in a state correctional facility, three years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section when he is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 10 years nor more than 30 years, 10 years of which shall be a mandatory minimum term of imprisonment.C3\n\nThe mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.D\n\nFor the 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.E\n\nVenue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs, where the alleged offender resides, or where any sexually explicit visual material associated with a violation of this section is produced, reproduced, found, stored, or possessed.","order_by":null,"text":{"0":{"id":224038,"text":"For purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, “child pornography” means sexually explicit visual material that (i) utilizes or has as a subject an identifiable minor or (ii) depicts a minor in a state of nudity or engaged in sexual conduct, as those terms are defined in § 18.2-390, where such depiction is obscene as defined in § 18.2-372. An identifiable minor is a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and shall not be construed to require proof of the actual identity of the identifiable minor. For the purposes of clause (ii), the minor depicted does not have to actually exist.\n\t\t\tFor the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term “sexually explicit visual material” means a picture, photograph, drawing, sculpture, motion picture film, digital image, including such material stored in a computer’s temporary Internet cache when three or more images or streaming videos are present, or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224039,"text":"A person shall be guilty of production of child pornography who:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":224040,"text":"Accosts, entices or solicits a person less than 18 years of age with intent to induce or force such person to perform in or be a subject of child pornography; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":224041,"text":"Produces or makes or attempts or prepares to produce or make child pornography; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":224042,"text":"Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":224043,"text":"Knowingly finances or attempts or prepares to finance child pornography.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":224044,"text":"[Repealed.]","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B1"},"7":{"id":224045,"text":"[Repealed.]","type":"section","prefixes":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"B5","next_prefix":"C1"},"8":{"id":224046,"text":"Any person who violates this section, when the subject of the child pornography is a child less than 15 years of age, shall be punished by not less than five years nor more than 30 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section where the person is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 15 years nor more than 40 years, 15 years of which shall be a mandatory minimum term of imprisonment.","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"B1","next_prefix":"C2"},"9":{"id":224047,"text":"Any person who violates this section, when the subject of the child pornography is a person at least 15 but less than 18 years of age, shall be punished by not less than one year nor more than 20 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by term of imprisonment of not less than three years nor more than 30 years in a state correctional facility, three years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section when he is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 10 years nor more than 30 years, 10 years of which shall be a mandatory minimum term of imprisonment.","type":"section","prefixes":["C2"],"prefix":"C2","entire_prefix":"C2","prefix_anchor":"C2","level":1,"prior_prefix":"C1","next_prefix":"C3"},"10":{"id":224048,"text":"The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.","type":"section","prefixes":["C3"],"prefix":"C3","entire_prefix":"C3","prefix_anchor":"C3","level":1,"prior_prefix":"C2","next_prefix":"D"},"11":{"id":224049,"text":"For the 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"12":{"id":224050,"text":"Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs, where the alleged offender resides, or where any sexually explicit visual material associated with a violation of this section is produced, reproduced, found, stored, or possessed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14633,"edition_id":1,"name":"Obscenity and Related Offenses","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":14022,"metadata":{},"date_created":"2026-06-26 03:49:00","date_modified":"2026-06-26 03:49:00","permalink":{"id":167843,"object_type":"structure","relational_id":14633,"identifier":"5","token":"18.2\/8\/5","url":"\/18.2\/8\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14022,"edition_id":1,"name":"Crimes Involving Morals and Decency","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167393,"object_type":"structure","relational_id":14022,"identifier":"8","token":"18.2\/8","url":"\/18.2\/8\/","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":81551,"structure_id":14633,"section_number":"18.2-372","catch_line":"\"Obscene\" defined","url":"\/18.2-372\/","token":"18.2\/8\/5\/18.2-372","metadata":false},{"id":86006,"structure_id":14633,"section_number":"18.2-373","catch_line":"Obscene items enumerated","url":"\/18.2-373\/","token":"18.2\/8\/5\/18.2-373","metadata":false},{"id":82506,"structure_id":14633,"section_number":"18.2-374","catch_line":"Production, publication, sale, possession, etc., of obscene items","url":"\/18.2-374\/","token":"18.2\/8\/5\/18.2-374","metadata":false},{"id":61326,"structure_id":14633,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","url":"\/18.2-374.1\/","token":"18.2\/8\/5\/18.2-374.1","metadata":false},{"id":63653,"structure_id":14633,"section_number":"18.2-374.1:1","catch_line":"Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty","url":"\/18.2-374.1_1\/","token":"18.2\/8\/5\/18.2-374.1_1","metadata":false},{"id":83319,"structure_id":14633,"section_number":"18.2-374.1:2","catch_line":"Repealed","url":"\/18.2-374.1_2\/","token":"18.2\/8\/5\/18.2-374.1_2","metadata":false},{"id":83624,"structure_id":14633,"section_number":"18.2-374.2","catch_line":"Repealed","url":"\/18.2-374.2\/","token":"18.2\/8\/5\/18.2-374.2","metadata":false},{"id":77778,"structure_id":14633,"section_number":"18.2-374.3","catch_line":"Use of communications systems to facilitate certain offenses involving children; penalties","url":"\/18.2-374.3\/","token":"18.2\/8\/5\/18.2-374.3","metadata":false},{"id":56184,"structure_id":14633,"section_number":"18.2-374.4","catch_line":"Display of child pornography or grooming video or materials to a child unlawful; penalty","url":"\/18.2-374.4\/","token":"18.2\/8\/5\/18.2-374.4","metadata":false},{"id":82785,"structure_id":14633,"section_number":"18.2-375","catch_line":"Obscene exhibitions and performances","url":"\/18.2-375\/","token":"18.2\/8\/5\/18.2-375","metadata":false},{"id":83162,"structure_id":14633,"section_number":"18.2-376","catch_line":"Advertising, etc., obscene items, exhibitions or performances","url":"\/18.2-376\/","token":"18.2\/8\/5\/18.2-376","metadata":false},{"id":67022,"structure_id":14633,"section_number":"18.2-376.1","catch_line":"Enhanced penalties for using a computer in certain violations","url":"\/18.2-376.1\/","token":"18.2\/8\/5\/18.2-376.1","metadata":false},{"id":59750,"structure_id":14633,"section_number":"18.2-377","catch_line":"Placards, posters, bills, etc","url":"\/18.2-377\/","token":"18.2\/8\/5\/18.2-377","metadata":false},{"id":84687,"structure_id":14633,"section_number":"18.2-378","catch_line":"Coercing acceptance of obscene articles or publications","url":"\/18.2-378\/","token":"18.2\/8\/5\/18.2-378","metadata":false},{"id":67563,"structure_id":14633,"section_number":"18.2-379","catch_line":"Employing or permitting minor to assist in offense under article","url":"\/18.2-379\/","token":"18.2\/8\/5\/18.2-379","metadata":false},{"id":81187,"structure_id":14633,"section_number":"18.2-380","catch_line":"Punishment for first offense","url":"\/18.2-380\/","token":"18.2\/8\/5\/18.2-380","metadata":false},{"id":64773,"structure_id":14633,"section_number":"18.2-381","catch_line":"Punishment for subsequent offenses; additional penalty for owner","url":"\/18.2-381\/","token":"18.2\/8\/5\/18.2-381","metadata":false},{"id":72092,"structure_id":14633,"section_number":"18.2-382","catch_line":"Photographs, slides and motion pictures","url":"\/18.2-382\/","token":"18.2\/8\/5\/18.2-382","metadata":false},{"id":70160,"structure_id":14633,"section_number":"18.2-383","catch_line":"Exceptions to application of article","url":"\/18.2-383\/","token":"18.2\/8\/5\/18.2-383","metadata":false},{"id":66727,"structure_id":14633,"section_number":"18.2-384","catch_line":"Proceeding against book alleged to be obscene","url":"\/18.2-384\/","token":"18.2\/8\/5\/18.2-384","metadata":false},{"id":74201,"structure_id":14633,"section_number":"18.2-385","catch_line":"Section 18.2-384 applicable to motion picture films","url":"\/18.2-385\/","token":"18.2\/8\/5\/18.2-385","metadata":false},{"id":72244,"structure_id":14633,"section_number":"18.2-386","catch_line":"Showing previews of certain motion pictures","url":"\/18.2-386\/","token":"18.2\/8\/5\/18.2-386","metadata":false},{"id":79274,"structure_id":14633,"section_number":"18.2-386.1","catch_line":"Unlawful creation of image of another; penalty","url":"\/18.2-386.1\/","token":"18.2\/8\/5\/18.2-386.1","metadata":false},{"id":69532,"structure_id":14633,"section_number":"18.2-386.2","catch_line":"Unlawful dissemination or sale of images of another; penalty","url":"\/18.2-386.2\/","token":"18.2\/8\/5\/18.2-386.2","metadata":false},{"id":68125,"structure_id":14633,"section_number":"18.2-387","catch_line":"Indecent exposure","url":"\/18.2-387\/","token":"18.2\/8\/5\/18.2-387","metadata":false},{"id":80972,"structure_id":14633,"section_number":"18.2-387.1","catch_line":"Obscene sexual display; penalty","url":"\/18.2-387.1\/","token":"18.2\/8\/5\/18.2-387.1","metadata":false},{"id":85045,"structure_id":14633,"section_number":"18.2-388","catch_line":"Intoxication in public; penalty; transportation of public inebriates to detoxification center","url":"\/18.2-388\/","token":"18.2\/8\/5\/18.2-388","metadata":false},{"id":65058,"structure_id":14633,"section_number":"18.2-389","catch_line":"Repealed","url":"\/18.2-389\/","token":"18.2\/8\/5\/18.2-389","metadata":false}],"previous_section":{"id":82506,"structure_id":14633,"section_number":"18.2-374","catch_line":"Production, publication, sale, possession, etc., of obscene items","url":"\/18.2-374\/","token":"18.2\/8\/5\/18.2-374","metadata":false},"next_section":{"id":63653,"structure_id":14633,"section_number":"18.2-374.1:1","catch_line":"Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty","url":"\/18.2-374.1_1\/","token":"18.2\/8\/5\/18.2-374.1_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-374.1\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 348 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 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 9 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 1983, chapter 524; in 1986, chapter 585; in 1992, chapter 234; in 1995, chapter 839<\/a>; in 2007, chapters 418<\/a>, 759<\/a>, and 823<\/a>; in 2013, chapters 761<\/a> and 774<\/a>; in 2015, chapter 709<\/a>; in 2020, chapter 489<\/a>; in 2024, chapter 262<\/a>.<\/p>","references":[{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":86551,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; penalty","order_by":null,"url":"\/18.2-370.2\/"},{"id":77778,"section_number":"18.2-374.3","catch_line":"Use of communications systems to facilitate certain offenses involving children; penalties","order_by":null,"url":"\/18.2-374.3\/"},{"id":68291,"section_number":"18.2-513","catch_line":"Definitions","order_by":null,"url":"\/18.2-513\/"},{"id":87357,"section_number":"19.2-10.2","catch_line":"Administrative subpoena issued for record from provider of electronic communication service or remote computing service","order_by":null,"url":"\/19.2-10.2\/"},{"id":64807,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","order_by":null,"url":"\/19.2-268.3\/"},{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":66548,"section_number":"19.2-386.31","catch_line":"Seizure and forfeiture of property used in connection with the exploitation and solicitation of children","order_by":null,"url":"\/19.2-386.31\/"},{"id":71334,"section_number":"19.2-390.3","catch_line":"Child Pornography Registry; maintenance; access; required information","order_by":null,"url":"\/19.2-390.3\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":56012,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","order_by":null,"url":"\/19.2-70.3\/"},{"id":60670,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","order_by":null,"url":"\/22.1-289.041\/"},{"id":71062,"section_number":"40.1-100.2","catch_line":"Employment involving sexually explicit visual material prohibited","order_by":null,"url":"\/40.1-100.2\/"},{"id":61990,"section_number":"42.1-36.1","catch_line":"Power and duty of library boards and certain governing bodies regarding acceptable Internet use policies","order_by":null,"url":"\/42.1-36.1\/"},{"id":69022,"section_number":"63.2-1503","catch_line":"Local departments to establish child-protective services; duties","order_by":null,"url":"\/63.2-1503\/"},{"id":59659,"section_number":"63.2-1530","catch_line":"Virginia Child Protection Accountability System","order_by":null,"url":"\/63.2-1530\/"},{"id":63247,"section_number":"63.2-621","catch_line":"Restrictions on use of TANF cash assistance","order_by":null,"url":"\/63.2-621\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"refers_to":[{"id":86356,"section_number":"18.2-362","catch_line":"Person marrying when spouse is living; penalty; venue","order_by":null,"url":"\/18.2-362\/"},{"id":81551,"section_number":"18.2-372","catch_line":"\"Obscene\" defined","order_by":null,"url":"\/18.2-372\/"},{"id":80691,"section_number":"18.2-390","catch_line":"Definitions","order_by":null,"url":"\/18.2-390\/"}],"permalink":{"id":167857,"object_type":"law","relational_id":61326,"identifier":"18.2-374.1","token":"18.2\/8\/5\/18.2-374.1","url":"\/18.2-374.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-374.1\/","token":"18.2\/8\/5\/18.2-374.1","dublin_core":{"Title":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-374.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this article and Article 4 (§ 18.2-362<\/a> et seq.) of this chapter, “child pornography<\/span>” means sexually explicit visual material<\/span> that (i) utilizes or has as a subject an identifiable minor<\/span> or (ii) depicts a minor<\/span> in a state of nudity or engaged in sexual conduct, as those terms are defined in § 18.2-390<\/a>, where such depiction is obscene as defined in § 18.2-372<\/a>. An identifiable minor<\/span> is a person who was a minor<\/span> at the time the visual depiction was created, adapted, or modified; or whose image as a minor<\/span> was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and shall not be construed to require proof of the actual identity of the identifiable minor<\/span>. For the purposes of clause (ii), the minor<\/span> depicted does not have to actually exist.\n\t\t\tFor the purposes of this article and Article 4 (§ 18.2-362<\/a> et seq.) of this chapter, the term “sexually explicit visual material<\/span>” means a picture, photograph, drawing, sculpture, motion<\/span> picture film, digital image, including such material stored in a computer’s temporary Internet cache when three or more images or streaming videos are present, or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390<\/a>, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390<\/a>, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person shall be guilty of production of child pornography<\/span> who: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Accosts, entices or solicits a person less than 18 years of age with intent<\/span> to induce or force such person to perform in or be a subject of child pornography<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Produces or makes or attempts or prepares to produce or make child pornography<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography<\/span> by any means; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Knowingly finances or attempts or prepares to finance child pornography<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> Any person who violates this section, when the subject of the child pornography<\/span> is a child less than 15 years of age, shall be punished by not less than five years nor more than 30 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography<\/span> the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section where the person is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 15 years nor more than 40 years, 15 years of which shall be a mandatory minimum term of imprisonment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C2.<\/span> Any person who violates this section, when the subject of the child pornography<\/span> is a person at least 15 but less than 18 years of age, shall be punished by not less than one year nor more than 20 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography<\/span> the person shall be punished by term of imprisonment of not less than three years nor more than 30 years in a state correctional facility, three years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section when he is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 10 years nor more than 30 years, 10 years of which shall be a mandatory minimum term of imprisonment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C3.<\/span> The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of this section it may be inferred by text, title or appearance<\/span> that a person who is depicted as or presents the appearance<\/span> of being less than 18 years of age in sexually explicit visual material<\/span> is less than 18 years of age. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Venue<\/span> for a prosecution<\/span> under this section may lie in the jurisdiction<\/span> where the unlawful act occurs, where the alleged offender resides, or where any sexually explicit visual material<\/span> associated with a violation of this section is produced, reproduced, found, stored, or possessed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRODUCTION, PUBLICATION, SALE, FINANCING, ETC., OF CHILD PORNOGRAPHY;\nPRESUMPTION AS TO AGE (\u00a7 18.2-374.1)\n\nA. For purposes of this article and Article 4 (§ 18.2-362 et seq.) of this\nchapter, “child pornography” means sexually explicit visual material\nthat (i) utilizes or has as a subject an identifiable minor or (ii) depicts a\nminor in a state of nudity or engaged in sexual conduct, as those terms are\ndefined in § 18.2-390, where such depiction is obscene as defined in §\n18.2-372. An identifiable minor is a person who was a minor at the time the\nvisual depiction was created, adapted, or modified; or whose image as a minor\nwas used in creating, adapting or modifying the visual depiction; and who is\nrecognizable as an actual person by the person’s face, likeness, or other\ndistinguishing characteristic, such as a unique birthmark or other recognizable\nfeature; and shall not be construed to require proof of the actual identity of\nthe identifiable minor. For the purposes of clause (ii), the minor depicted does\nnot have to actually exist.\n\t\t\tFor the purposes of this article and Article 4 (§ 18.2-362 et seq.) of\nthis chapter, the term “sexually explicit visual material” means a\npicture, photograph, drawing, sculpture, motion picture film, digital image,\nincluding such material stored in a computer’s temporary Internet cache\nwhen three or more images or streaming videos are present, or similar visual\nrepresentation which depicts sexual bestiality, a lewd exhibition of nudity, as\nnudity is defined in § 18.2-390, or sexual excitement, sexual conduct or\nsadomasochistic abuse, as also defined in § 18.2-390, or a book, magazine\nor pamphlet which contains such a visual representation. An undeveloped\nphotograph or similar visual material may be sexually explicit material\nnotwithstanding that processing or other acts may be required to make its\nsexually explicit content apparent.\n\nB. A person shall be guilty of production of child pornography who:\n\n 1. Accosts, entices or solicits a person less than 18 years of age with intent\n to induce or force such person to perform in or be a subject of child\n pornography; or\n\n 2. Produces or makes or attempts or prepares to produce or make child\n pornography; or\n\n 3. Who knowingly takes part in or participates in the filming, photographing,\n or other production of child pornography by any means; or\n\n 4. Knowingly finances or attempts or prepares to finance child pornography.\n\n 5. [Repealed.]\n\nB1. [Repealed.]\n\nC1. Any person who violates this section, when the subject of the child\npornography is a child less than 15 years of age, shall be punished by not less\nthan five years nor more than 30 years in a state correctional facility.\nHowever, if the person is at least seven years older than the subject of the\nchild pornography the person shall be punished by a term of imprisonment of not\nless than five years nor more than 30 years in a state correctional facility,\nfive years of which shall be a mandatory minimum term of imprisonment. Any\nperson who commits a second or subsequent violation of this section where the\nperson is at least seven years older than the subject shall be punished by a\nterm of imprisonment of not less than 15 years nor more than 40 years, 15 years\nof which shall be a mandatory minimum term of imprisonment.\n\nC2. Any person who violates this section, when the subject of the child\npornography is a person at least 15 but less than 18 years of age, shall be\npunished by not less than one year nor more than 20 years in a state\ncorrectional facility. However, if the person is at least seven years older than\nthe subject of the child pornography the person shall be punished by term of\nimprisonment of not less than three years nor more than 30 years in a state\ncorrectional facility, three years of which shall be a mandatory minimum term of\nimprisonment. Any person who commits a second or subsequent violation of this\nsection when he is at least seven years older than the subject shall be punished\nby a term of imprisonment of not less than 10 years nor more than 30 years, 10\nyears of which shall be a mandatory minimum term of imprisonment.\n\nC3. The mandatory minimum terms of imprisonment prescribed for violations of\nthis section shall be served consecutively with any other sentence.\n\nD. For the purposes of this section it may be inferred by text, title or\nappearance that a person who is depicted as or presents the appearance of being\nless than 18 years of age in sexually explicit visual material is less than 18\nyears of age.\n\nE. Venue for a prosecution under this section may lie in the jurisdiction where\nthe unlawful act occurs, where the alleged offender resides, or where any\nsexually explicit visual material associated with a violation of this section is\nproduced, reproduced, found, stored, or possessed.\n\nHISTORY: 1979, c. 348; 1983, c. 524; 1986, c. 585; 1992, c. 234; 1995, c. 839;\n2007, cc. 418, 759, 823; 2013, cc. 761, 774; 2015, c. 709; 2020, c. 489; 2024,\nc. 262.","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}}