Bill Text: VA HB326 | 2014 | Regular Session | Chaptered
Bill Title: Unlawful dissemination or sale of images of another; person is guilty of Class 1 misdemeanor.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2014-03-31 - Governor: Acts of Assembly Chapter text (CHAP0399) [HB326 Detail]
Download: Virginia-2014-HB326-Chaptered.html
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 B. The provisions of this section shall not apply to 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. |