{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-109.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-109.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-109.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-109.2.html"}],"law_id":73698,"edition_id":1,"section_id":73698,"structure_id":14416,"section_number":"40.1-109.2","catch_line":"Child engaged in the work of content creation; trust account","history":"2025, cc. 699, 705.","full_text":"A\n\nA child engaged in the work of content creation as described in subsection A of \u00a7 40.1-109.1 shall be compensated by the content creator. The content creator shall set aside gross earnings on the video content that includes the likeness, name, or photograph of the child in a trust account to be preserved for the benefit of the child upon attaining 18 years of age or having been declared emancipated, according to the following distribution:1\n\nWhere only one child meets the content threshold described in § 40.1-109.1, the percentage of total gross earnings on any video segment including the likeness, name, or photograph of the child that is equal to or greater than half of the content percentage that includes the child as described in § 40.1-109.1; or2\n\nWhere more than one child meets the content threshold described in § 40.1-109.1 and a video segment includes more than one of those children, the percentage described in subdivision 1 for all children in any segment shall be equally divided among the children, regardless of differences in percentage of content provided by the individual children.B\n\nA trust account required under this section shall provide, at a minimum, the following:1\n\nThat the funds in the account shall be available only to the child engaged in the work of content creation;2\n\nThat the account shall be held by a financial institution, corporate fiduciary, or trust company;3\n\nThat the funds in the account shall become available to the child engaged in the work of content creation upon the child attaining the age of 18 years or when the child is declared emancipated; and4\n\nThat the account meets the requirements of the Virginia Uniform Transfers to Minors Act (§ 64.2-1900 et seq.).C\n\nIf a content creator knowingly or recklessly violates this section, a child engaged in the work of content creation as described in subsection A of § 40.1-109.1, or his parent or guardian on behalf of such child, may commence an action to enforce the provisions of this section regarding the trust account. The court may award, to a child who prevails in any action brought in accordance with this section, the following damages: (i) compensatory damages; (ii) punitive damages; and (iii) the costs of the action, including reasonable attorney fees and costs. 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.D\n\nThis section does not affect any right or remedy available under any other provision of law.E\n\nNothing in this section shall be construed to have any effect on a party that is neither the content creator nor the child engaged in the work of content creation.","order_by":null,"text":{"0":{"id":265053,"text":"A child engaged in the work of content creation as described in subsection A of \u00a7 40.1-109.1 shall be compensated by the content creator. The content creator shall set aside gross earnings on the video content that includes the likeness, name, or photograph of the child in a trust account to be preserved for the benefit of the child upon attaining 18 years of age or having been declared emancipated, according to the following distribution:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":265054,"text":"Where only one child meets the content threshold described in § 40.1-109.1, the percentage of total gross earnings on any video segment including the likeness, name, or photograph of the child that is equal to or greater than half of the content percentage that includes the child as described in § 40.1-109.1; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":265055,"text":"Where more than one child meets the content threshold described in § 40.1-109.1 and a video segment includes more than one of those children, the percentage described in subdivision 1 for all children in any segment shall be equally divided among the children, regardless of differences in percentage of content provided by the individual children.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":265056,"text":"A trust account required under this section shall provide, at a minimum, the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":265057,"text":"That the funds in the account shall be available only to 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":265058,"text":"That the account shall be held by a financial institution, corporate fiduciary, or trust company;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":265059,"text":"That the funds in the account shall become available to the child engaged in the work of content creation upon the child attaining the age of 18 years or when the child is declared emancipated; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":265060,"text":"That the account meets the requirements of the Virginia Uniform Transfers to Minors Act (§ 64.2-1900 et seq.).","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"8":{"id":265061,"text":"If a content creator knowingly or recklessly violates this section, a child engaged in the work of content creation as described in subsection A of § 40.1-109.1, or his parent or guardian on behalf of such child, may commence an action to enforce the provisions of this section regarding the trust account. The court may award, to a child who prevails in any action brought in accordance with this section, the following damages: (i) compensatory damages; (ii) punitive damages; and (iii) the costs of the action, including reasonable attorney fees and costs. 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":"B4","next_prefix":"D"},"9":{"id":265062,"text":"This section does not affect any right or remedy available under any other provision of law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":265063,"text":"Nothing in this section shall be construed to have any effect on a party that is neither the content creator nor the child engaged in the work of content creation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-109.2\/","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":63994,"section_number":"40.1-109.1","catch_line":"Child engaged in the work of content creation; criteria","order_by":null,"url":"\/40.1-109.1\/"},{"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":63994,"section_number":"40.1-109.1","catch_line":"Child engaged in the work of content creation; criteria","order_by":null,"url":"\/40.1-109.1\/"},{"id":65466,"section_number":"64.2-1900","catch_line":"Definitions","order_by":null,"url":"\/64.2-1900\/"}],"permalink":{"id":220565,"object_type":"law","relational_id":73698,"identifier":"40.1-109.2","token":"40.1\/5\/40.1-109.2","url":"\/40.1-109.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-109.2\/","token":"40.1\/5\/40.1-109.2","dublin_core":{"Title":"Child engaged in the work of content creation; trust account","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-109.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A child engaged in the work of content creation as described in subsection A of \u00a7 40.1-109.1<\/a> shall be compensated by the content creator<\/span>. The content creator<\/span> shall set aside gross earnings on the video content that includes the likeness, name, or photograph of the child in a trust account to be preserved for the benefit of the child upon attaining 18 years of age or having been declared emancipated, according to the following distribution: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Where only one child meets the content threshold described in § 40.1-109.1<\/a>, the percentage of total gross earnings on any video segment including the likeness, name, or photograph of the child that is equal to or greater than half of the content percentage that includes the child as described in § 40.1-109.1<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Where more than one child meets the content threshold described in § 40.1-109.1<\/a> and a video segment includes more than one of those children, the percentage described in subdivision 1 for all children in any segment shall be equally divided among the children, regardless of differences in percentage of content provided by the individual children. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A trust account required under this section shall provide, at a minimum, the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the funds in the account shall be available only to the child engaged in the work of content creation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the account shall be held by a financial institution, corporate fiduciary, or trust company; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That the funds in the account shall become available to the child engaged in the work of content creation upon the child attaining the age of 18 years or when the child is declared emancipated; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> That the account meets the requirements of the Virginia Uniform Transfers to Minors<\/span> Act (§ 64.2-1900<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a content creator<\/span> knowingly or recklessly violates this section, a child engaged in the work of content creation as described in subsection A of § 40.1-109.1<\/a>, or his parent or guardian on behalf of such child, may commence an action to enforce the provisions of this section regarding the trust account. The court<\/span> may award, to a child who prevails in any action brought in accordance with this section, the following damages<\/span>: (i) compensatory damages<\/span>; (ii) punitive damages<\/span>; and (iii) the costs of the action, including reasonable attorney fees and costs. 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>\n\t\t\t\t\t\t

D.<\/span> This section does not affect any right or remedy available under any other provision of law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed to have any effect on a party<\/span> that is neither the content creator<\/span> nor the child engaged in the work of content creation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHILD ENGAGED IN THE WORK OF CONTENT CREATION; TRUST ACCOUNT (\u00a7 40.1-109.2)\n\nA. A child engaged in the work of content creation as described in subsection A\nof \u00a7 40.1-109.1 shall be compensated by the content creator. The content\ncreator shall set aside gross earnings on the video content that includes the\nlikeness, name, or photograph of the child in a trust account to be preserved\nfor the benefit of the child upon attaining 18 years of age or having been\ndeclared emancipated, according to the following distribution:\n\n 1. Where only one child meets the content threshold described in §\n 40.1-109.1, the percentage of total gross earnings on any video segment\n including the likeness, name, or photograph of the child that is equal to or\n greater than half of the content percentage that includes the child as\n described in § 40.1-109.1; or\n\n 2. Where more than one child meets the content threshold described in §\n 40.1-109.1 and a video segment includes more than one of those children, the\n percentage described in subdivision 1 for all children in any segment shall be\n equally divided among the children, regardless of differences in percentage of\n content provided by the individual children.\n\nB. A trust account required under this section shall provide, at a minimum, the\nfollowing:\n\n 1. That the funds in the account shall be available only to the child engaged\n in the work of content creation;\n\n 2. That the account shall be held by a financial institution, corporate\n fiduciary, or trust company;\n\n 3. That the funds in the account shall become available to the child engaged\n in the work of content creation upon the child attaining the age of 18 years\n or when the child is declared emancipated; and\n\n 4. That the account meets the requirements of the Virginia Uniform Transfers\n to Minors Act (§ 64.2-1900 et seq.).\n\nC. If a content creator knowingly or recklessly violates this section, a child\nengaged in the work of content creation as described in subsection A of §\n40.1-109.1, or his parent or guardian on behalf of such child, may commence an\naction to enforce the provisions of this section regarding the trust account.\nThe court may award, to a child who prevails in any action brought in accordance\nwith this section, the following damages: (i) compensatory damages; (ii)\npunitive damages; and (iii) the costs of the action, including reasonable\nattorney fees and costs. No action shall be commenced under this section more\nthan two years after the date on which the child engaged in the work of content\ncreation attained 18 years of age.\n\nD. This section does not affect any right or remedy available under any other\nprovision of law.\n\nE. Nothing in this section shall be construed to have any effect on a party that\nis neither the content creator nor the child engaged in the work of content\ncreation.\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}}