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2007 SESSION
Be 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:
a 2. 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;
b 3. 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
c 4. 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.
2 5. 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.