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2006 SESSION
061383488Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-204.1 and 18.2-204.2 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-204.1. Fraudulent use of birth certificates, etc.; penalty.
A. It shall be unlawful for any person to obtain, possess,
sell, or transfer Any person who possesses, sells, offers or advertises
for sale, or transfers the birth certificate of another for the purpose of
establishing a false identity for himself or for another person is guilty of
a Class 6 felony. However, a person is guilty of a Class 5 felony who
possesses, sells, offers or advertises for sale, or transfers the birth
certificate of another with the intent to use such certificate to:
1. Purchase or enable another to purchase a firearm; or
2. Procure or enable another to procure employment.
B. It shall be unlawful for any person to obtain, possess,
sell, or transfer Except as provided in subsection A, any person who
possesses, sells, offers or advertises for sale, or transfers any document
for the purpose of establishing a false status, occupation, membership, license
or identity for himself or any other person is guilty of a Class 1
misdemeanor. However, a person is guilty of a Class 6 felony who
possesses, sells, offers or advertises for sale, or transfers such document
with the intent to use the document to:
1. Purchase or enable another to purchase a firearm; or
2. Procure or enable another to procure employment.
C. Any person who violates the provisions of this section
is guilty of a Class 1 misdemeanor, except when the birth certificate or
document is obtained, possessed, sold, or transferred with the intent to use
such certificate or document to purchase a firearm, in which case a violation
of this section shall be punishable as a Class 6 felony.
D. The provisions of this section shall not apply to
members of state, federal, county, city or town law-enforcement agencies in the
performance of their duties.
§ 18.2-204.2. Manufacture, sale, etc., or possession of fictitious, facsimile, or simulated visa, passport, driver's license, or identification.
A. It shall be unlawful for any person to manufacture, advertise for sale, sell or possess any fictitious, facsimile or simulated driver's license issued by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any foreign country or government; United States Armed Forces identification card; United States passport or foreign government visa; Virginia Department of Motor Vehicles special identification card; official identification issued by any other federal, state or foreign government agency; or official university or college student identification card, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid license or identification of any type specified in this subsection.
B. Any person manufacturing, advertising for sale, selling
or reproducing who possesses, manufactures, sells, offers or
advertises for sale, transfers or reproduces any such card or facsimile
thereof shall be is guilty of a Class 1 misdemeanor.
C. Any person possessing any such card or facsimile thereof
shall be guilty of a Class 2 misdemeanor.
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 and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.