{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-374.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-374.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-374.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-374.1_1.html"}],"law_id":63653,"edition_id":1,"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","history":"1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935, 938; 2004, c. 995; 2007, cc. 759, 823; 2009, c. 379; 2011, cc. 399, 416; 2012, c. 369; 2013, cc. 761, 774; 2014, c. 291; 2015, c. 428; 2017, c. 96; 2020, c. 489.","full_text":"A\n\nAny person who knowingly possesses child pornography is guilty of a Class 6 felony.B\n\nAny person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony.C\n\nAny person who knowingly (i) reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility. Any person who commits a second or subsequent violation under this subsection shall be punished by a term of imprisonment of not less than five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.D\n\nAny person who intentionally operates an Internet website for the purpose of facilitating the payment for access to child pornography is guilty of a Class 4 felony.E\n\nAll child pornography shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.F\n\nFor purposes of this section it may be inferred by text, title or appearance that a person who is depicted as or presents the appearance of being less than 18 years of age in sexually explicit visual material is less than 18 years of age.G\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 child pornography is produced, reproduced, found, stored, received, or possessed in violation of this section.H\n\nThe provisions of this section shall not apply to any such material that is possessed for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose by a physician, psychologist, scientist, attorney, employee of the Department of Social Services or a local department of social services, employee of a law-enforcement agency, judge, or clerk and such person possesses such material in the course of conducting his professional duties as such.","order_by":null,"text":{"0":{"id":231878,"text":"Any person who knowingly possesses child pornography is guilty of a Class 6 felony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231879,"text":"Any person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":231880,"text":"Any person who knowingly (i) reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility. Any person who commits a second or subsequent violation under this subsection shall be punished by a term of imprisonment of not less than five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":231881,"text":"Any person who intentionally operates an Internet website for the purpose of facilitating the payment for access to child pornography is guilty of a Class 4 felony.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":231882,"text":"All child pornography shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":231883,"text":"For purposes of this section it may be inferred by text, title or appearance that a person who is depicted as or presents the appearance of being less than 18 years of age in sexually explicit visual material is less than 18 years of age.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":231884,"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 child pornography is produced, reproduced, found, stored, received, or possessed in violation of this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":231885,"text":"The provisions of this section shall not apply to any such material that is possessed for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose by a physician, psychologist, scientist, attorney, employee of the Department of Social Services or a local department of social services, employee of a law-enforcement agency, judge, or clerk and such person possesses such material in the course of conducting his professional duties as such.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-374.1:1\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 745 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 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1993, chapter 853; in 1994, chapter 511<\/a>; in 1999, chapter 659<\/a>; in 2003, chapters 935<\/a> and 938<\/a>; in 2004, chapter 995<\/a>; in 2007, chapters 759<\/a> and 823<\/a>; in 2009, chapter 379<\/a>; in 2011, chapters 399<\/a> and 416<\/a>; in 2012, chapter 369<\/a>; in 2013, chapters 761<\/a> and 774<\/a>; in 2014, chapter 291<\/a>; in 2015, chapter 428<\/a>; in 2017, chapter 96<\/a>; in 2020, chapter 489<\/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":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":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":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":62812,"section_number":"22.1-70.2","catch_line":"Acceptable Internet use policies for public and private schools","order_by":null,"url":"\/22.1-70.2\/"},{"id":63586,"section_number":"53.1-202.3","catch_line":"Rate at which sentence credits may be earned; prerequisites","order_by":null,"url":"\/53.1-202.3\/"},{"id":58640,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","order_by":null,"url":"\/53.1-40.02\/"},{"id":59659,"section_number":"63.2-1530","catch_line":"Virginia Child Protection Accountability System","order_by":null,"url":"\/63.2-1530\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"refers_to":false,"permalink":{"id":167861,"object_type":"law","relational_id":63653,"identifier":"18.2-374.1:1","token":"18.2\/8\/5\/18.2-374.1_1","url":"\/18.2-374.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-374.1_1\/","token":"18.2\/8\/5\/18.2-374.1_1","dublin_core":{"Title":"Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-374.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who knowingly possesses child pornography is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who knowingly (i) reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays, purchases, or possesses with intent<\/span> to sell, give away, distribute, transmit, or display child pornography or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order<\/span> to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility. Any person who commits a second or subsequent violation under this subsection shall be punished by a term of imprisonment of not less than five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person who intentionally operates an Internet website for the purpose of facilitating the payment for access to child pornography is guilty of a Class 4 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All child pornography shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For 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

G.<\/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 child pornography is produced, reproduced, found, stored, received, or possessed in violation of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The provisions of this section shall not apply to any such material<\/span> that is possessed for a bona fide medical, scientific, governmental, law<\/span>-enforcement, or judicial purpose by a physician, psychologist, scientist, attorney, employee of the Department of Social Services or a local department of social services, employee of a law<\/span>-enforcement agency, judge<\/span>, or clerk and such person possesses such material<\/span> in the course of conducting his professional duties as such. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOSSESSION, REPRODUCTION, DISTRIBUTION, SOLICITATION, AND FACILITATION OF CHILD\nPORNOGRAPHY; PENALTY (\u00a7 18.2-374.1:1)\n\nA. Any person who knowingly possesses child pornography is guilty of a Class 6\nfelony.\n\nB. Any person who commits a second or subsequent violation of subsection A is\nguilty of a Class 5 felony.\n\nC. Any person who knowingly (i) reproduces by any means, including by computer,\nsells, gives away, distributes, electronically transmits, displays, purchases,\nor possesses with intent to sell, give away, distribute, transmit, or display\nchild pornography or (ii) commands, entreats, or otherwise attempts to persuade\nanother person to send, submit, transfer or provide to him any child pornography\nin order to gain entry into a group, association, or assembly of persons engaged\nin trading or sharing child pornography shall be punished by not less than five\nyears nor more than 20 years in a state correctional facility. Any person who\ncommits a second or subsequent violation under this subsection shall be punished\nby a term of imprisonment of not less than five years nor more than 20 years in\na state correctional facility, five years of which shall be a mandatory minimum\nterm of imprisonment. The mandatory minimum terms of imprisonment prescribed for\nviolations of this section shall be served consecutively with any other\nsentence.\n\nD. Any person who intentionally operates an Internet website for the purpose of\nfacilitating the payment for access to child pornography is guilty of a Class 4\nfelony.\n\nE. All child pornography shall be subject to lawful seizure and forfeiture\npursuant to § 19.2-386.31.\n\nF. For purposes of this section it may be inferred by text, title or appearance\nthat a person who is depicted as or presents the appearance of being less than\n18 years of age in sexually explicit visual material is less than 18 years of\nage.\n\nG. 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 child\npornography is produced, reproduced, found, stored, received, or possessed in\nviolation of this section.\n\nH. The provisions of this section shall not apply to any such material that is\npossessed for a bona fide medical, scientific, governmental, law-enforcement, or\njudicial purpose by a physician, psychologist, scientist, attorney, employee of\nthe Department of Social Services or a local department of social services,\nemployee of a law-enforcement agency, judge, or clerk and such person possesses\nsuch material in the course of conducting his professional duties as such.\n\nHISTORY: 1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935,\n938; 2004, c. 995; 2007, cc. 759, 823; 2009, c. 379; 2011, cc. 399, 416; 2012,\nc. 369; 2013, cc. 761, 774; 2014, c. 291; 2015, c. 428; 2017, c. 96; 2020, c.\n489.","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}}