2006 Code of Virginia § 19.2-386.31 - Seizure and forfeiture of property used in connection with production of sexually explicit items in...

19.2-386.31. Seizure and forfeiture of property used in connection withproduction of sexually explicit items involving children.

All audio and visual equipment, electronic equipment, devices and otherpersonal property used in connection with the production, distribution,publication, sale, possession with intent to distribute or making of sexuallyexplicit visual material having a person less than 18 years of age as asubject shall be subject to lawful seizure by a law-enforcement officer andshall be subject to forfeiture to the Commonwealth pursuant to Chapter 22 (19.2-369 et seq.) of this title by order of the court in which a convictionunder 18.2-374.1 is obtained. Notwithstanding the provisions of 19.2-381,the court shall dispose of the forfeited property as it deems proper,including awarding the property to a state agency for lawful purposes. If theproperty is disposed of by sale, the court shall provide that the proceeds bepaid into the Literary Fund.

A forfeiture under this section shall not extinguish the rights of any personwithout knowledge of the illegal use of the property who (i) is the lawfulowner or (ii) has a valid and perfected lien on the property.

(1986, c. 596, 18.2-374.2; 1999, c. 659; 2004, c. 995.)