                                 CODE OF VIRGINIA

COUNTERFEIT CIGARETTES; PENALTY; CIVIL PENALTY (§ 18.2-246.14)

A. It is unlawful to distribute or possess counterfeit cigarettes.

B. Any person who knowingly distributes or possesses with the intent to
distribute a total quantity of less than 10 cartons of counterfeit cigarettes is
guilty of a Class 1 misdemeanor. Any person who is convicted of a second or
subsequent offense involving a total quantity of less than 10 cartons of
counterfeit cigarettes is guilty of a Class 6 felony, provided that the accused
was at liberty as defined in &#xA7; 53.1-151 between each conviction, and it is
admitted, or found by the jury or judge before whom the person is tried, that
the accused was previously convicted of a violation of this subsection. Any
person who knowingly distributes or possesses with the intent to distribute a
total quantity of 10 or more cartons of counterfeit cigarettes is guilty of a
Class 6 felony.

C. Any person who knowingly violates subsection A with a total quantity of less
than two cartons of cigarettes shall be punished by a civil penalty of no more
than $1,000. Any person who knowingly violates subsection A shall, for a second
or subsequent offense involving a total quantity of less than two cartons of
cigarettes, be punished by a civil penalty of no more than $5,000 and, if
applicable, the revocation by the Department of Taxation of his wholesale dealer
license.

D. Any person who knowingly violates subsection A with a total quantity of two
or more cartons of cigarettes shall be punished by a civil penalty of no more
than $2,000. Any person who knowingly violates subsection A shall, for a second
or subsequent offense involving a total quantity of two or more cartons of
cigarettes, be punished by a civil penalty of no more than $50,000 and, if
applicable, the revocation by the Department of Taxation of his wholesale dealer
license.
			For purposes of this section, counterfeit cigarettes shall include but not be
limited to cigarettes that (i) have false manufacturing labels, (ii) are not
manufactured by the manufacturer indicated on the container, or (iii) have
affixed to the container a false tax stamp.

HISTORY: 2003, c. 1010; 2004, c. 995; 2013, c. 625.