                                 CODE OF VIRGINIA

PENALTIES FOR VIOLATION OF CHAPTER (§ 59.1-41.6)

Violations of this chapter are punishable as follows:

1. Except as otherwise provided in this section, any person convicted of an
offense under this chapter is guilty of a Class 1 misdemeanor.

2. Any person convicted of an offense involving at least 100 unlawful sound
recordings or twenty unlawful audio visual recordings during any 180-day period
is guilty of a felony punishable by a term of imprisonment of not less than one
nor more than two years, or in the discretion of the jury or the court trying
the case without a jury, confinement in jail for not more than twelve months and
a fine of not more than $5,000, either or both;

3. Any person convicted of an offense involving at least 1,000 unlawful sound
recordings or 65 unlawful audio visual recordings during any 180-day period is
guilty of a felony punishable by a term of imprisonment of not less than one nor
more than three years, or in the discretion of the jury or the court trying the
case without a jury, confinement in jail for not more than twelve months and a
fine of not more than $100,000, either or both; and

4. Any second or subsequent felony offense under this chapter shall be
punishable by a term of imprisonment of not less than one nor more than three
years, or in the discretion of the jury or the court trying the case without a
jury, confinement in jail for not more than twelve months and a fine of not more
than $100,000, either or both.

5. Upon conviction of a person of any offense under this chapter, the court in
its judgment of conviction may order the forfeiture and destruction or other
disposition of all infringing recordings and of all implements, devices and
equipment used by the person in the manufacture of the infringing recordings.

HISTORY: 1972, c. 618; 1989, c. 240; 2007, c. 805.