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2017 SESSION
17105055DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-374.1:1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-374.1:1. Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty.
A. Any person who knowingly possesses child pornography is guilty of a Class 6 felony.
B. Any person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony.
C. Any person who knowingly possesses child pornography in which he appears, when the subject of the child pornography is a child less than 15 years of age, shall be punished by not less than five years nor more than 30 years in a state correctional facility. However, if the person is at least seven years older than the subject of such child pornography, the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment.
D. Any person who knowingly (i) reproduces by any
means, including by computer, sells, gives away, distributes, electronically
transmits, displays, purchases, or possesses with intent to sell, give away,
distribute, transmit, or display child pornography or (ii) commands, entreats,
or otherwise attempts to persuade another person to send, submit, transfer or
provide to him any child pornography in order to gain entry into a group,
association, or assembly of persons engaged in trading or sharing child
pornography shall be punished by not less than five years nor more than 20
years in a state correctional facility. Any person who commits a second or subsequent
violation under this subsection shall be punished by a term of imprisonment of
not less than five years nor more than 20 years in a state correctional
facility, five years of which shall be a mandatory minimum term of
imprisonment. Any person who commits a violation of this subsection
involving child pornography in which he appears, when the subject of the child
pornography is a child less than 15 years of age, shall be punished by not less
than five years nor more than 30 years in a state correctional facility.
However, if the person is at least seven years older than the subject of such
child pornography, the person shall be punished by a term of imprisonment of
not less than five years nor more than 30 years in a state correctional
facility, five years of which shall be a mandatory minimum term of
imprisonment. Any person who commits a second or subsequent violation of
this subsection involving child pornography in which he appears, when the
subject of the child pornography is a child less than 15 years of age, shall be
punished by not less than 15 years nor more than 40 years in a state
correctional facility. However, if the person is at least seven years older
than the subject of such child pornography, the person shall be punished by a
term of imprisonment of not less than 15 years nor more than 40 years in a
state correctional facility, 15 years of which shall be a mandatory minimum
term of imprisonment.
E. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.
D. F. Any person who intentionally operates an
Internet website for the purpose of facilitating the payment for access to
child pornography is guilty of a Class 4 felony.
E. G. All child pornography shall be subject to
lawful seizure and forfeiture pursuant to § 19.2-386.31.
F. H. For purposes of this section it may be
inferred by text, title or appearance that a person who is depicted as or
presents the appearance of being less than 18 years of age in sexually explicit
visual material is less than 18 years of age.
G. I. Venue for a prosecution under this section
may lie in the jurisdiction where the unlawful act occurs or where any child
pornography is produced, reproduced, found, stored, received, or possessed in
violation of this section.
H. J. The provisions of this section shall not
apply to any such material that is possessed for a bona fide medical,
scientific, governmental, law-enforcement, or judicial purpose by a physician,
psychologist, scientist, attorney, employee of a law-enforcement agency, judge,
or clerk who possesses such material in the course of conducting his
professional duties as such.
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; therefore, Chapter 780 of the Acts of Assembly of 2016 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.