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2014 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-386.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-386.2 as follows:
§ 18.2-386.1. Unlawful creation of image of another; penalty.
A. It shall be unlawful for any person to knowingly and
intentionally videotape, photograph, or film any nonconsenting person or
create any videographic or still image record by any means whatsoever of
the any nonconsenting person if (i) that person is totally nude,
clad in undergarments, or in a state of undress so as to expose the genitals,
pubic area, buttocks or female breast in a restroom, dressing room, locker
room, hotel room, motel room, tanning bed, tanning booth, bedroom or other
location; or (ii) the videotape, photograph, film or videographic or
still image record is created by placing the lens or image-gathering
component of the recording device in a position directly beneath or between a
person's legs for the purpose of capturing an image of the person's intimate
parts or undergarments covering those intimate parts when the intimate parts or
undergarments would not otherwise be visible to the general public; and when
the circumstances set forth in clause (i) or (ii) are otherwise such that the
person being videotaped, photographed, filmed or otherwise recorded
would have a reasonable expectation of privacy.
B. The provisions of this section shall not apply to
filming, videotaping or photographing or other any videographic or
still image or videographic recording created by any means whatsoever
by (i) law-enforcement officers pursuant to a criminal investigation which is
otherwise lawful or (ii) correctional officials and local or regional jail
officials for security purposes or for investigations of alleged misconduct
involving a person committed to the Department of Corrections or to a local or
regional jail, or to any sound recording of an oral conversation made as a
result of any videotaping or filming pursuant to Chapter 6 (§ 19.2-61 et seq.)
of Title 19.2.
C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.
D. A violation of subsection A involving a nonconsenting person under the age of 18 shall be punishable as a Class 6 felony.
E. Where it is alleged in the warrant, information, or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the 10-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, and when such offenses were not part of a common act, transaction, or scheme, and such person has been at liberty as defined in § 53.1-151 between each conviction, he shall be guilty of a Class 6 felony.
§ 18.2-386.2. Unlawful dissemination or sale of images of another; penalty.
A. Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image is guilty of a Class 1 misdemeanor. However, if a person uses services of an Internet service provider, an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.
B. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs or where any videographic or still image created by any means whatsoever is produced, reproduced, found, stored, received, or possessed in violation of this section.
C. The provisions of this section shall not preclude prosecution under any other statute.