                                 CODE OF VIRGINIA

POSSESSION, REPRODUCTION, DISTRIBUTION, SOLICITATION, AND FACILITATION OF CHILD
PORNOGRAPHY; PENALTY (§ 18.2-374.1:1)

A. Any person who knowingly possesses child pornography is guilty of a Class 6
felony.

B. Any person who commits a second or subsequent violation of subsection A is
guilty of a Class 5 felony.

C. Any person who knowingly (i) reproduces by any means, including by computer,
sells, gives away, distributes, electronically transmits, displays, purchases,
or possesses with intent to sell, give away, distribute, transmit, or display
child pornography or (ii) commands, entreats, or otherwise attempts to persuade
another person to send, submit, transfer or provide to him any child pornography
in order to gain entry into a group, association, or assembly of persons engaged
in trading or sharing child pornography shall be punished by not less than five
years nor more than 20 years in a state correctional facility. Any person who
commits a second or subsequent violation under this subsection shall be punished
by a term of imprisonment of not less than five years nor more than 20 years in
a state correctional facility, five years of which shall be a mandatory minimum
term of imprisonment. The mandatory minimum terms of imprisonment prescribed for
violations of this section shall be served consecutively with any other
sentence.

D. Any person who intentionally operates an Internet website for the purpose of
facilitating the payment for access to child pornography is guilty of a Class 4
felony.

E. All child pornography shall be subject to lawful seizure and forfeiture
pursuant to &#xA7; 19.2-386.31.

F. For 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.

G. 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 child
pornography is produced, reproduced, found, stored, received, or possessed in
violation of this section.

H. The provisions of this section shall not apply to any such material that is
possessed for a bona fide medical, scientific, governmental, law-enforcement, or
judicial purpose by a physician, psychologist, scientist, attorney, employee of
the Department of Social Services or a local department of social services,
employee of a law-enforcement agency, judge, or clerk and such person possesses
such material in the course of conducting his professional duties as such.

HISTORY: 1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935,
938; 2004, c. 995; 2007, cc. 759, 823; 2009, c. 379; 2011, cc. 399, 416; 2012,
c. 369; 2013, cc. 761, 774; 2014, c. 291; 2015, c. 428; 2017, c. 96; 2020, c.
489.