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.)

Disclaimer: These codes may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.