                                 CODE OF VIRGINIA

PRODUCTION, PUBLICATION, SALE, FINANCING, ETC., OF CHILD PORNOGRAPHY;
PRESUMPTION AS TO AGE (§ 18.2-374.1)

A. For purposes of this article and Article 4 (&#xA7; 18.2-362 et seq.) of this
chapter, &#8220;child pornography&#8221; means sexually explicit visual material
that (i) utilizes or has as a subject an identifiable minor or (ii) depicts a
minor in a state of nudity or engaged in sexual conduct, as those terms are
defined in &#xA7; 18.2-390, where such depiction is obscene as defined in &#xA7;
18.2-372. An identifiable minor is a person who was a minor at the time the
visual depiction was created, adapted, or modified; or whose image as a minor
was used in creating, adapting or modifying the visual depiction; and who is
recognizable as an actual person by the person&#8217;s face, likeness, or other
distinguishing characteristic, such as a unique birthmark or other recognizable
feature; and shall not be construed to require proof of the actual identity of
the identifiable minor. For the purposes of clause (ii), the minor depicted does
not have to actually exist.
			For the purposes of this article and Article 4 (&#xA7; 18.2-362 et seq.) of
this chapter, the term &#8220;sexually explicit visual material&#8221; means a
picture, photograph, drawing, sculpture, motion picture film, digital image,
including such material stored in a computer&#8217;s temporary Internet cache
when three or more images or streaming videos are present, or similar visual
representation which depicts sexual bestiality, a lewd exhibition of nudity, as
nudity is defined in &#xA7; 18.2-390, or sexual excitement, sexual conduct or
sadomasochistic abuse, as also defined in &#xA7; 18.2-390, or a book, magazine
or pamphlet which contains such a visual representation. An undeveloped
photograph or similar visual material may be sexually explicit material
notwithstanding that processing or other acts may be required to make its
sexually explicit content apparent.

B. A person shall be guilty of production of child pornography who:

   1. Accosts, entices or solicits a person less than 18 years of age with intent
   to induce or force such person to perform in or be a subject of child
   pornography; or

   2. Produces or makes or attempts or prepares to produce or make child
   pornography; or

   3. Who knowingly takes part in or participates in the filming, photographing,
   or other production of child pornography by any means; or

   4. Knowingly finances or attempts or prepares to finance child pornography.

   5. [Repealed.]

B1. [Repealed.]

C1. Any person who violates this section, when the subject of the child
pornography is a child less than 15 years of age, shall be punished by not less
than five years nor more than 30 years in a state correctional facility.
However, if the person is at least seven years older than the subject of the
child pornography the person shall be punished by a term of imprisonment of not
less than five years nor more than 30 years in a state correctional facility,
five years of which shall be a mandatory minimum term of imprisonment. Any
person who commits a second or subsequent violation of this section where the
person is at least seven years older than the subject shall be punished by a
term of imprisonment of not less than 15 years nor more than 40 years, 15 years
of which shall be a mandatory minimum term of imprisonment.

C2. Any person who violates this section, when the subject of the child
pornography is a person at least 15 but less than 18 years of age, shall be
punished by not less than one year nor more than 20 years in a state
correctional facility. However, if the person is at least seven years older than
the subject of the child pornography the person shall be punished by term of
imprisonment of not less than three years nor more than 30 years in a state
correctional facility, three years of which shall be a mandatory minimum term of
imprisonment. Any person who commits a second or subsequent violation of this
section when he is at least seven years older than the subject shall be punished
by a term of imprisonment of not less than 10 years nor more than 30 years, 10
years of which shall be a mandatory minimum term of imprisonment.

C3. The mandatory minimum terms of imprisonment prescribed for violations of
this section shall be served consecutively with any other sentence.

D. For the 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.

E. 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
sexually explicit visual material associated with a violation of this section is
produced, reproduced, found, stored, or possessed.

HISTORY: 1979, c. 348; 1983, c. 524; 1986, c. 585; 1992, c. 234; 1995, c. 839;
2007, cc. 418, 759, 823; 2013, cc. 761, 774; 2015, c. 709; 2020, c. 489; 2024,
c. 262.