2006 Code of Virginia § 18.2-374.1:1 - Possession of child pornography; penalty
18.2-374.1:1. Possession of child pornography; penalty.
A. Any person who knowingly possesses any sexually explicit visual materialutilizing or having as a subject a person less than 18 years of age shall beguilty of a Class 6 felony. However, no prosecution for possession ofmaterial prohibited by this section shall lie where the prohibited materialcomes into the possession of the person charged from a law-enforcementofficer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material whichis possessed for a bona fide artistic, medical, scientific, educational,religious, governmental, judicial or other proper purpose by a physician,psychologist, sociologist, scientist, teacher, person pursuing bona fidestudies or research, librarian, clergyman, attorney, judge, or other personhaving a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject aperson less than 18 years of age shall be subject to lawful seizure andforfeiture pursuant to 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this sectionshall be guilty of a Class 5 felony.
(1992, c. 745; 1993, c. 853; 1994, c. 511; 1999, c. 659; 2003, cc. 935, 938;2004, c. 995.)
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