Bill Text: VA SB1056 | 2015 | Regular Session | Chaptered
Bill Title: Child pornography and obscenity offenses; penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-03-23 - Governor: Acts of Assembly Chapter text (CHAP0428) [SB1056 Detail]
Download: Virginia-2015-SB1056-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That §§18.2-374.1:1 and 18.2-381 of the Code of Virginia are amended and reenacted as follows: §18.2-374.1:1. Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty. 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 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 §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 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 a law-enforcement agency, judge, or clerk who possesses such material in the course of conducting his professional duties as such. §18.2-381. Punishment for subsequent offenses; additional penalty for owner. Any person, firm, association or corporation convicted of a
second or other subsequent offense under 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. |