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2007 SESSION
077022766Be it enacted by the General Assembly of Virginia:
1. That § 59.1-41.6 of the Code of Virginia is amended and reenacted as follows:
§ 59.1-41.6. Penalties for violation of chapter.
Violations of this chapter are punishable as follows:
1. Any Except as otherwise
provided in this section, any person convicted of an offense under
this chapter shall be is guilty
of a Class 1 misdemeanor.; however:
a2. Any person
convicted of an offense involving at least 100 unlawful sound
recordings or twenty unlawful audio visual recordings during any 180-day period
is
guilty of a felony shall be
punishable by a term of imprisonment of not less than one nor more than two
years, or in the discretion of the jury or the court trying the case without a
jury, confinement in jail for not more than twelve months and a fine of not
more than $5,000, either or both;
b3. Any person
convicted of an offense involving at least 1,000 unlawful sound
recordings or sixty-five unlawful audio visual recordings during any 180-day
period is guilty of a felony shall
be punishable by a term of imprisonment of not less than one nor
more than three years, or in the discretion of the jury or the court trying the
case without a jury, confinement in jail for not more than twelve months and a
fine of not more than $100,000, either or both; and
c4. Any
second or subsequent felony offense under this chapter shall be punishable by a
term of imprisonment of not less than one nor more than three years, or in the
discretion of the jury or the court trying the case without a jury, confinement
in jail for not more than twelve months and a fine of not more than $100,000,
either or both.
25. If a
person is convicted Upon conviction of a
person of any offense under this chapter, the court in its
judgment of conviction may order the forfeiture and destruction or other
disposition of all infringing recordings and of all implements, devices and
equipment used or intended to be used by
the person in the manufacture of the infringing recordings.