{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-109.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-109.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-109.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-109.1.html"}],"law_id":63994,"edition_id":1,"section_id":63994,"structure_id":14416,"section_number":"40.1-109.1","catch_line":"Child engaged in the work of content creation; criteria","history":"2025, cc. 699, 705.","full_text":"A\n\nA child under the age of 16 is considered engaged in the work of content creation when the following criteria are met at any time during the previous 12-month period:1\n\nAt least 30 percent of the content creator’s compensated video content produced within a 30-day period included the likeness, name, or photograph of the child. Content percentage is measured by the percentage of time the likeness, name, or photograph of the child or, if more than one child regularly appears in the creator’s content, any of the children visually appears or is the subject of an oral narrative in a video segment as compared to the total length of the segment; and2\n\nThe number of views received per video segment on any online platform met the online platform’s threshold for the generation of compensation or the content creator received actual compensation for video content equal to or greater than $0.10 per view.B\n\nAll content creators whose content features a child under the age of 16 engaged in the work of content creation shall maintain the following records and shall provide them to the child and the holder of the trust account required pursuant to \u00a7 40.1-109.2 on an ongoing basis:1\n\nThe name and documentary proof of the age of the child engaged in the work of content creation;2\n\nThe number of videos that generated compensation as described in subsection A during the reporting period;3\n\nThe total number of minutes of the video content that the content creator received compensation for during the reporting period;4\n\nThe total number of minutes each child was featured in video content during the reporting period;5\n\nThe total compensation generated from video content featuring a child during the reporting period; and6\n\nThe amount deposited into the trust account for the benefit of the child engaged in the work of content creation, as required by § 40.1-109.2.C\n\nIf a content creator whose video content features a child under the age of 16 engaged in the work of content creation fails to maintain the records as provided in subsection B, the child, or his parent or guardian on behalf of such child, may commence a civil action to enforce the provisions of this section. No action shall be commenced under this section more than two years after the date on which the child engaged in the work of content creation attained 18 years of age.","order_by":null,"text":{"0":{"id":233021,"text":"A child under the age of 16 is considered engaged in the work of content creation when the following criteria are met at any time during the previous 12-month period:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":233022,"text":"At least 30 percent of the content creator’s compensated video content produced within a 30-day period included the likeness, name, or photograph of the child. Content percentage is measured by the percentage of time the likeness, name, or photograph of the child or, if more than one child regularly appears in the creator’s content, any of the children visually appears or is the subject of an oral narrative in a video segment as compared to the total length of the segment; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":233023,"text":"The number of views received per video segment on any online platform met the online platform’s threshold for the generation of compensation or the content creator received actual compensation for video content equal to or greater than $0.10 per view.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":233024,"text":"All content creators whose content features a child under the age of 16 engaged in the work of content creation shall maintain the following records and shall provide them to the child and the holder of the trust account required pursuant to \u00a7 40.1-109.2 on an ongoing basis:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":233025,"text":"The name and documentary proof of the age of the child engaged in the work of content creation;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":233026,"text":"The number of videos that generated compensation as described in subsection A during the reporting period;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":233027,"text":"The total number of minutes of the video content that the content creator received compensation for during the reporting period;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":233028,"text":"The total number of minutes each child was featured in video content during the reporting period;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"8":{"id":233029,"text":"The total compensation generated from video content featuring a child during the reporting period; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"9":{"id":233030,"text":"The amount deposited into the trust account for the benefit of the child engaged in the work of content creation, as required by § 40.1-109.2.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"10":{"id":233031,"text":"If a content creator whose video content features a child under the age of 16 engaged in the work of content creation fails to maintain the records as provided in subsection B, the child, or his parent or guardian on behalf of such child, may commence a civil action to enforce the provisions of this section. No action shall be commenced under this section more than two years after the date on which the child engaged in the work of content creation attained 18 years of age.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6"}},"ancestry":[{"id":14416,"edition_id":1,"name":"Child Labor","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:48:04","date_modified":"2026-06-26 03:48:04","permalink":{"id":220519,"object_type":"structure","relational_id":14416,"identifier":"5","token":"40.1\/5","url":"\/40.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65234,"structure_id":14416,"section_number":"40.1-100","catch_line":"Certain employment prohibited or limited","url":"\/40.1-100\/","token":"40.1\/5\/40.1-100","metadata":false},{"id":74950,"structure_id":14416,"section_number":"40.1-100.1","catch_line":"Employment where hazard capable of causing serious physical harm or death","url":"\/40.1-100.1\/","token":"40.1\/5\/40.1-100.1","metadata":false},{"id":71062,"structure_id":14416,"section_number":"40.1-100.2","catch_line":"Employment involving sexually explicit visual material prohibited","url":"\/40.1-100.2\/","token":"40.1\/5\/40.1-100.2","metadata":false},{"id":71215,"structure_id":14416,"section_number":"40.1-101","catch_line":"Qualifications as to theaters","url":"\/40.1-101\/","token":"40.1\/5\/40.1-101","metadata":false},{"id":61085,"structure_id":14416,"section_number":"40.1-102","catch_line":"Issuance of theatrical permit","url":"\/40.1-102\/","token":"40.1\/5\/40.1-102","metadata":false},{"id":63705,"structure_id":14416,"section_number":"40.1-103","catch_line":"Cruelty and injuries to children; penalty; abandoned infant","url":"\/40.1-103\/","token":"40.1\/5\/40.1-103","metadata":false},{"id":80111,"structure_id":14416,"section_number":"40.1-104","catch_line":"Age certificates","url":"\/40.1-104\/","token":"40.1\/5\/40.1-104","metadata":false},{"id":85420,"structure_id":14416,"section_number":"40.1-105","catch_line":"Repealed","url":"\/40.1-105\/","token":"40.1\/5\/40.1-105","metadata":false},{"id":57443,"structure_id":14416,"section_number":"40.1-106","catch_line":"Repealed","url":"\/40.1-106\/","token":"40.1\/5\/40.1-106","metadata":false},{"id":57728,"structure_id":14416,"section_number":"40.1-109","catch_line":"Newspaper carriers on regular routes; hours","url":"\/40.1-109\/","token":"40.1\/5\/40.1-109","metadata":false},{"id":63994,"structure_id":14416,"section_number":"40.1-109.1","catch_line":"Child engaged in the work of content creation; criteria","url":"\/40.1-109.1\/","token":"40.1\/5\/40.1-109.1","metadata":false},{"id":73698,"structure_id":14416,"section_number":"40.1-109.2","catch_line":"Child engaged in the work of content creation; trust account","url":"\/40.1-109.2\/","token":"40.1\/5\/40.1-109.2","metadata":false},{"id":56362,"structure_id":14416,"section_number":"40.1-110","catch_line":"Repealed","url":"\/40.1-110\/","token":"40.1\/5\/40.1-110","metadata":false},{"id":82909,"structure_id":14416,"section_number":"40.1-111","catch_line":"Repealed","url":"\/40.1-111\/","token":"40.1\/5\/40.1-111","metadata":false},{"id":86064,"structure_id":14416,"section_number":"40.1-112","catch_line":"Solicitation generally","url":"\/40.1-112\/","token":"40.1\/5\/40.1-112","metadata":false},{"id":76735,"structure_id":14416,"section_number":"40.1-113","catch_line":"Child labor offenses; civil penalties","url":"\/40.1-113\/","token":"40.1\/5\/40.1-113","metadata":false},{"id":83103,"structure_id":14416,"section_number":"40.1-114","catch_line":"Enforcement of child labor law","url":"\/40.1-114\/","token":"40.1\/5\/40.1-114","metadata":false},{"id":87321,"structure_id":14416,"section_number":"40.1-115","catch_line":"School attendance","url":"\/40.1-115\/","token":"40.1\/5\/40.1-115","metadata":false},{"id":81561,"structure_id":14416,"section_number":"40.1-116","catch_line":"Curfew ordinances not affected","url":"\/40.1-116\/","token":"40.1\/5\/40.1-116","metadata":false},{"id":60283,"structure_id":14416,"section_number":"40.1-78","catch_line":"Employment of children under fourteen and sixteen","url":"\/40.1-78\/","token":"40.1\/5\/40.1-78","metadata":false},{"id":70180,"structure_id":14416,"section_number":"40.1-79","catch_line":"Repealed","url":"\/40.1-79\/","token":"40.1\/5\/40.1-79","metadata":false},{"id":68360,"structure_id":14416,"section_number":"40.1-79.01","catch_line":"Exemptions from chapter generally","url":"\/40.1-79.01\/","token":"40.1\/5\/40.1-79.01","metadata":false},{"id":68751,"structure_id":14416,"section_number":"40.1-79.1","catch_line":"Exemptions from chapter generally; participation in volunteer fire company activities","url":"\/40.1-79.1\/","token":"40.1\/5\/40.1-79.1","metadata":false},{"id":74532,"structure_id":14416,"section_number":"40.1-80","catch_line":"Repealed","url":"\/40.1-80\/","token":"40.1\/5\/40.1-80","metadata":false},{"id":65788,"structure_id":14416,"section_number":"40.1-80.1","catch_line":"Employment of children","url":"\/40.1-80.1\/","token":"40.1\/5\/40.1-80.1","metadata":false},{"id":65467,"structure_id":14416,"section_number":"40.1-81","catch_line":"Repealed","url":"\/40.1-81\/","token":"40.1\/5\/40.1-81","metadata":false},{"id":76519,"structure_id":14416,"section_number":"40.1-81.1","catch_line":"Records to be kept by employers","url":"\/40.1-81.1\/","token":"40.1\/5\/40.1-81.1","metadata":false},{"id":78098,"structure_id":14416,"section_number":"40.1-82","catch_line":"Repealed","url":"\/40.1-82\/","token":"40.1\/5\/40.1-82","metadata":false},{"id":55764,"structure_id":14416,"section_number":"40.1-83","catch_line":"Repealed","url":"\/40.1-83\/","token":"40.1\/5\/40.1-83","metadata":false},{"id":62901,"structure_id":14416,"section_number":"40.1-84","catch_line":"Employment certificate required","url":"\/40.1-84\/","token":"40.1\/5\/40.1-84","metadata":false},{"id":56276,"structure_id":14416,"section_number":"40.1-85","catch_line":"Kinds of employment certificates","url":"\/40.1-85\/","token":"40.1\/5\/40.1-85","metadata":false},{"id":70943,"structure_id":14416,"section_number":"40.1-86","catch_line":"Repealed","url":"\/40.1-86\/","token":"40.1\/5\/40.1-86","metadata":false},{"id":60906,"structure_id":14416,"section_number":"40.1-87","catch_line":"Vacation or part-time employment certificate","url":"\/40.1-87\/","token":"40.1\/5\/40.1-87","metadata":false},{"id":85038,"structure_id":14416,"section_number":"40.1-88","catch_line":"Work-training certificate","url":"\/40.1-88\/","token":"40.1\/5\/40.1-88","metadata":false},{"id":56651,"structure_id":14416,"section_number":"40.1-89","catch_line":"Same; employment not allowed; revocation of certificate","url":"\/40.1-89\/","token":"40.1\/5\/40.1-89","metadata":false},{"id":68366,"structure_id":14416,"section_number":"40.1-90","catch_line":"Repealed","url":"\/40.1-90\/","token":"40.1\/5\/40.1-90","metadata":false},{"id":78116,"structure_id":14416,"section_number":"40.1-92","catch_line":"Issuance of certificates","url":"\/40.1-92\/","token":"40.1\/5\/40.1-92","metadata":false},{"id":68585,"structure_id":14416,"section_number":"40.1-93","catch_line":"Proof required for employment certificate","url":"\/40.1-93\/","token":"40.1\/5\/40.1-93","metadata":false},{"id":56070,"structure_id":14416,"section_number":"40.1-94","catch_line":"Proofs of age","url":"\/40.1-94\/","token":"40.1\/5\/40.1-94","metadata":false},{"id":79690,"structure_id":14416,"section_number":"40.1-95","catch_line":"Repealed","url":"\/40.1-95\/","token":"40.1\/5\/40.1-95","metadata":false},{"id":71829,"structure_id":14416,"section_number":"40.1-96","catch_line":"Contents of employment certificates","url":"\/40.1-96\/","token":"40.1\/5\/40.1-96","metadata":false},{"id":66317,"structure_id":14416,"section_number":"40.1-97","catch_line":"Repealed","url":"\/40.1-97\/","token":"40.1\/5\/40.1-97","metadata":false},{"id":76754,"structure_id":14416,"section_number":"40.1-98","catch_line":"Repealed","url":"\/40.1-98\/","token":"40.1\/5\/40.1-98","metadata":false}],"previous_section":{"id":57728,"structure_id":14416,"section_number":"40.1-109","catch_line":"Newspaper carriers on regular routes; hours","url":"\/40.1-109\/","token":"40.1\/5\/40.1-109","metadata":false},"next_section":{"id":73698,"structure_id":14416,"section_number":"40.1-109.2","catch_line":"Child engaged in the work of content creation; trust account","url":"\/40.1-109.2\/","token":"40.1\/5\/40.1-109.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-109.1\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapters 699<\/a> and 705<\/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.<\/p>","references":[{"id":73698,"section_number":"40.1-109.2","catch_line":"Child engaged in the work of content creation; trust account","order_by":null,"url":"\/40.1-109.2\/"},{"id":68360,"section_number":"40.1-79.01","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/40.1-79.01\/"},{"id":65788,"section_number":"40.1-80.1","catch_line":"Employment of children","order_by":null,"url":"\/40.1-80.1\/"}],"refers_to":[{"id":73698,"section_number":"40.1-109.2","catch_line":"Child engaged in the work of content creation; trust account","order_by":null,"url":"\/40.1-109.2\/"}],"permalink":{"id":220561,"object_type":"law","relational_id":63994,"identifier":"40.1-109.1","token":"40.1\/5\/40.1-109.1","url":"\/40.1-109.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-109.1\/","token":"40.1\/5\/40.1-109.1","dublin_core":{"Title":"Child engaged in the work of content creation; criteria","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-109.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A child under the age of 16 is considered engaged in the work of content<\/span> creation when the following criteria are met at any time during the previous 12-month period: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> At least 30 percent of the content creator<\/span>’s compensated video content produced within a 30-day period included the likeness, name, or photograph of the child. Content percentage is measured by the percentage of time the likeness, name, or photograph of the child or, if more than one child regularly appears in the creator’s content, any of the children visually appears or is the subject of an oral narrative in a video segment as compared to the total length of the segment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The number of views received per video segment on any online platform<\/span> met the online platform<\/span>’s threshold for the generation of compensation or the content creator<\/span> received actual compensation for video content equal to or greater than $0.10 per view. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All content creators<\/span> whose content features a child under the age of 16 engaged in the work of content creation shall maintain the following records and shall provide them to the child and the holder of the trust account required pursuant to \u00a7 40.1-109.2<\/a> on an ongoing basis: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The name and documentary proof of the age of the child engaged in the work of content creation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The number of videos that generated compensation as described in subsection A during the reporting period; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The total number of minutes of the video content that the content creator<\/span> received compensation for during the reporting period; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The total number of minutes each child was featured in video content during the reporting period; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The total compensation generated from video content featuring a child during the reporting period; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The amount deposited into the trust account for the benefit of the child engaged in the work of content creation, as required by § 40.1-109.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a content creator<\/span> whose video content features a child under the age of 16 engaged in the work of content creation fails to maintain the records as provided in subsection B, the child, or his parent or guardian on behalf of such child, may commence a civil action<\/span> to enforce the provisions of this section. No action shall be commenced under this section more than two years after the date on which the child engaged in the work of content creation attained 18 years of age. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHILD ENGAGED IN THE WORK OF CONTENT CREATION; CRITERIA (\u00a7 40.1-109.1)\n\nA. A child under the age of 16 is considered engaged in the work of content\ncreation when the following criteria are met at any time during the previous\n12-month period:\n\n 1. At least 30 percent of the content creator’s compensated video\n content produced within a 30-day period included the likeness, name, or\n photograph of the child. Content percentage is measured by the percentage of\n time the likeness, name, or photograph of the child or, if more than one child\n regularly appears in the creator’s content, any of the children visually\n appears or is the subject of an oral narrative in a video segment as compared\n to the total length of the segment; and\n\n 2. The number of views received per video segment on any online platform met\n the online platform’s threshold for the generation of compensation or\n the content creator received actual compensation for video content equal to or\n greater than $0.10 per view.\n\nB. All content creators whose content features a child under the age of 16\nengaged in the work of content creation shall maintain the following records and\nshall provide them to the child and the holder of the trust account required\npursuant to \u00a7 40.1-109.2 on an ongoing basis:\n\n 1. The name and documentary proof of the age of the child engaged in the work\n of content creation;\n\n 2. The number of videos that generated compensation as described in subsection\n A during the reporting period;\n\n 3. The total number of minutes of the video content that the content creator\n received compensation for during the reporting period;\n\n 4. The total number of minutes each child was featured in video content during\n the reporting period;\n\n 5. The total compensation generated from video content featuring a child\n during the reporting period; and\n\n 6. The amount deposited into the trust account for the benefit of the child\n engaged in the work of content creation, as required by § 40.1-109.2.\n\nC. If a content creator whose video content features a child under the age of 16\nengaged in the work of content creation fails to maintain the records as\nprovided in subsection B, the child, or his parent or guardian on behalf of such\nchild, may commence a civil action to enforce the provisions of this section. No\naction shall be commenced under this section more than two years after the date\non which the child engaged in the work of content creation attained 18 years of\nage.\n\nHISTORY: 2025, cc. 699, 705.","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}}