Virginia
Virginia Sexting Laws: Legal Consequences and Penalties
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 9 primary sources cited on this page. How we verify our legal content
Virginia has no dedicated teen sexting law. Prosecutors charge sexting cases under the state's child pornography statutes, meaning a minor who receives an explicit image of another minor can face a Class 6 felony charge for possession under Va. Code 18.2-374.1:1. The one-to-five-year term attached to that felony class is the adult sentencing range under Va. Code 18.2-10; a minor whose case stays in juvenile court is adjudicated delinquent and disposed of under the juvenile code instead.
How Virginia Handles Sexting Cases
Virginia does not have a specific "teen sexting" statute. Instead, the state prosecutes sexting cases under its child pornography and sexual exploitation laws, making no statutory distinction between a predator exploiting a child and two teenagers sharing intimate selfies.
This approach has drawn criticism from organizations like the ACLU of Virginia, which argues that criminalizing teenagers for sexting sets them up for failure. Despite these concerns, the Virginia General Assembly has not passed legislation creating a reduced penalty track for consensual teen sexting.
For explicit images, the relevant age in Virginia is 18, a separate question from the age rules in the state's sexual offense laws. Any sexually explicit visual material depicting a person under 18 is considered child pornography under Virginia law, regardless of who created or sent it.
Child Pornography Laws Used in Sexting Cases
The primary statutes used to prosecute sexting in Virginia are Va. Code 18.2-374.1 (production) and Va. Code 18.2-374.1:1 (possession, reproduction, distribution, solicitation, and facilitation).
What Constitutes "Sexually Explicit Visual Material"
Virginia law defines sexually explicit visual material broadly. It includes any image or video depicting:
- Sexual intercourse or other sexual acts
- Masturbation
- Lewd exhibition of genitals, pubic area, or buttocks
- Lewd exhibition of the female breast
This definition covers photographs, videos, and digital images sent via text message, social media, email, or any other electronic means. The material does not need to show the minor's face to qualify as child pornography.
Possession of Child Pornography (Va. Code 18.2-374.1:1)
Knowingly possessing child pornography, including a received sext depicting a minor, is a Class 6 felony. Penalties include:
- 1 to 5 years in prison for an adult (or, at the discretion of the court or jury under Va. Code 18.2-10(f), up to 12 months in jail)
- Fines up to $2,500
- Sex offender registration on an adult conviction. Registration is not automatic for a minor: under Va. Code 9.1-902(D), a juvenile adjudicated delinquent is not required to register unless the court, on motion of the attorney for the Commonwealth, orders it for an offender who was over 13 at the time of the offense
Each image possessed can be charged as a separate count, significantly increasing potential sentences for defendants with multiple images.
Production of Child Pornography (Va. Code 18.2-374.1)
Producing child pornography, meaning creating, filming, financing, or enticing a minor to produce it, is punished according to the age of the victim:
| Circumstance | Classification | Prison Sentence |
|---|---|---|
| Victim under 15 | Felony | 5 to 30 years |
| Victim under 15, offender at least 7 years older | Felony with mandatory minimum | 5 to 30 years (5-year mandatory minimum) |
| Victim under 15, second offense with 7+ year age gap | Felony with mandatory minimum | 15 to 40 years (15-year mandatory minimum) |
| Victim 15 to 17 | Felony | 1 to 20 years |
| Victim 15 to 17, offender at least 7 years older | Felony with mandatory minimum | 3 to 30 years (3-year mandatory minimum) |
| Victim 15 to 17, second offense with 7+ year age gap | Felony with mandatory minimum | 10 to 30 years (10-year mandatory minimum) |
Distribution of Child Pornography (Va. Code 18.2-374.1:1)
Distribution is a separate offense from production. It is defined broadly under Virginia law to include sending an image via text or social media, AirDropping it, posting it online, or even physically showing a phone screen to another person.
Under Va. Code 18.2-374.1:1(C), knowingly reproducing, selling, giving away, distributing, electronically transmitting, or displaying child pornography carries a flat 5 to 20 years in prison. Unlike production, this penalty is not age-tiered: the same range applies whether the victim is under 15 or 15 to 17. A 5-year mandatory minimum applies only to a second or subsequent offense.
Facilitation and Solicitation (Va. Code 18.2-374.3)
Va. Code 18.2-374.3 covers using a communications system, including phones, computers, and social media, to facilitate or solicit sexual offenses involving children. It is tiered, and the tiers carry different felony classes and reach different offenders:
- Facilitation (subsection B): Using a communications system for the purposes of procuring or promoting the use of a minor for any activity violating Va. Code 18.2-370 or 18.2-374.1 is a Class 6 felony (an adult term of 1 to 5 years). Subsection B says "any person," not "any person 18 years of age or older," so a minor can violate it. A 17-year-old who uses a phone to arrange for another teenager to produce an explicit image falls inside its text.
- Solicitation of a child under 15 (subsection C): Applies only to a person 18 or older. It is a Class 5 felony, 1 to 10 years. If the offender is at least seven years older than the child, the range becomes 5 to 30 years with a five-year mandatory minimum, and a second or subsequent such offense carries 10 to 40 years with a 10-year mandatory minimum.
- Solicitation of a child 15 to 17 (subsection D): A Class 5 felony, but only where the offender is at least seven years older than the child. A second or subsequent violation carries 1 to 20 years with a one-year mandatory minimum.
- Solicitation under subsection E: Applies only to a person 18 or older who solicits someone under 18 for an offense under Va. Code 18.2-355, 18.2-361, 18.2-374.1, or 18.2-374.1:1. Class 5 felony.
The split matters for teenagers. The solicitation tiers are built around an adult offender or a seven-year age gap, but the facilitation tier in subsection B carries no age limit on the offender at all.
Teen Sexting in Virginia: Legal Risks for Minors
Because Virginia treats sexting under its child pornography framework, teenagers face serious legal exposure. Under the strict letter of the law:
- A teen who takes a nude selfie has produced child pornography
- A teen who sends that selfie has distributed child pornography
- A teen who receives it has possessed child pornography
- A teen who forwards it to others has distributed child pornography
Juvenile Court Processing
For minors under 18, sexting cases are typically handled in Juvenile and Domestic Relations District Court. While the underlying charges remain felonies, juvenile judges have broad discretion under Va. Code 16.1-278.8 to prioritize rehabilitation.
Common outcomes in juvenile court include:
- Deferred disposition: The judge delays a finding of guilt while the minor completes community service, counseling, or an educational program. Successful completion may result in the charge being dismissed or reduced.
- Supervised probation: Strict conditions regarding internet and phone usage.
- Mandatory counseling: Education about digital safety and legal consequences.
- Community service: Required hours of service in the community.
Sex Offender Registration for Juveniles
Virginia's approach to sex offender registration for juvenile sexting offenders involves judicial discretion:
- Juveniles age 13 and younger: Not required to register as sex offenders
- Juveniles over 13 in juvenile court: The judge decides whether registration is required, considering the juvenile's age, maturity, and the relationship between the parties
- Juveniles tried as adults: Mandatory registration applies
This discretionary approach gives judges the ability to protect teenagers from lifetime registration consequences in appropriate cases.
Revenge Porn: Unlawful Dissemination of Images
Virginia addresses revenge porn under Va. Code 18.2-386.2, which criminalizes the malicious dissemination or sale of intimate images without consent.
Elements of the Offense
A person violates this statute by:
- Maliciously disseminating or selling a videographic or still image
- The image depicts another person who is nude or in a state of undress exposing intimate areas
- The person acts with intent to coerce, harass, or intimidate the depicted person
- The person knows or has reason to know they are not authorized to disseminate the image
The statute also covers AI-generated or digitally altered images that depict a recognizable actual person, addressing the growing concern of deepfake intimate images.
Penalties for Revenge Porn
Revenge porn is a Class 1 misdemeanor in Virginia, punishable by:
- Up to 12 months in jail
- Fines up to $2,500
Civil Remedies for Victims
Virginia also provides a civil cause of action under Va. Code 8.01-40.4. Victims of nonconsensual image sharing can sue for:
- Compensatory damages (therapy costs, reputational harm, lost wages)
- Punitive damages
- Reasonable attorney fees and costs
Those three are the full list the statute authorizes. It contains no injunction or takedown remedy, so a victim seeking removal of an image has to look to a court's general equity power or to the federal notice-and-removal process described below, not to Va. Code 8.01-40.4.
Unlawful Creation of Images (Va. Code 18.2-386.1)
Separate from the child pornography statutes, Va. Code 18.2-386.1 criminalizes the unauthorized creation of intimate images. This covers situations like photographing someone in a locker room, bathroom, or other private setting without consent.
| Victim | Classification | Maximum Penalty |
|---|---|---|
| Adult | Class 1 Misdemeanor | 12 months jail, $2,500 fine |
| Minor (under 18) | Class 6 Felony | 1 to 5 years prison |
This statute means a student who photographs another student changing in a locker room commits a felony if the victim is under 18.
Computer Harassment and Cyberbullying
Sexting cases frequently involve harassment or bullying elements. Virginia's computer harassment statute, Va. Code 18.2-152.7:1, makes it illegal to use a computer or network to coerce, intimidate, or harass another person, or to communicate obscene or threatening content.
This is a Class 1 misdemeanor. A teenager who uses explicit images to threaten, blackmail, or bully another person can face charges under this statute in addition to child pornography charges.
Federal Take It Down Act (2025)
The Take It Down Act, signed into federal law in May 2025, provides additional protections for Virginia residents. The law:
- Makes it a federal crime to publish nonconsensual intimate images, including AI deepfakes
- Requires platforms to remove reported images within 48 hours
- Applies to both real and computer-generated images
- Operates independently of state charges, meaning offenders can face both state and federal prosecution
School Consequences in Virginia
Virginia principals have a narrow set of mandatory police-referral duties, and sexting is not among them. Under Va. Code 22.1-279.3:1(B), a principal "shall immediately report" to local law enforcement only an incident involving alcohol, marijuana, or a controlled substance that may constitute a felony, plus the incidents listed in subdivisions A 3 through 7: sexual assault, death, shooting, stabbing, cutting or wounding, abduction, stalking, written threats against school personnel, illegal firearms, explosives, and bomb threats. Every other incident, sexting included, falls under subdivision B 3, where the principal "may report" it. Referral to police is therefore discretionary here, and practice varies by division and by school.
School-level consequences can include:
- Long-term suspension, which Va. Code 22.1-277.05 sets at 11 to 45 school days. It may run past 45 days only for the enumerated firearm or drug offenses, an offense involving serious bodily injury, or where the division finds aggravating circumstances, and even then it cannot exceed 364 calendar days. Expulsion is a separate and longer sanction
- Placement in alternative education programs
- Removal from extracurricular activities and athletics
- Disciplinary notations visible to colleges on transcripts
What to Do If Charged
If you or your child faces a sexting investigation or charges in Virginia:
Immediate steps:
- Exercise the right to remain silent. Do not speak to school resource officers or police without an attorney present.
- Hire an experienced criminal defense attorney who handles juvenile law and digital crimes.
- Do not destroy your phone or device, as this can lead to destruction of evidence charges.
Actions to avoid:
- Do not try to explain the situation to police without legal counsel present.
- Do not contact the other parties involved, as this can be interpreted as witness tampering.
- Do not discuss the incident on social media or with friends.
More Virginia Laws
Frequently Asked Questions
Can two teenagers be charged with a felony for sexting in Virginia?
Yes. Virginia law does not have an exemption for age proximity in sexting cases. A 17-year-old sending a nude photo to another 17-year-old is technically creating child pornography under Va. Code 18.2-374.1 and distributing it under Va. Code 18.2-374.1:1. While prosecutors often exercise discretion and juvenile courts emphasize rehabilitation, the strict letter of the law makes this a felony offense.
Will a minor have to register as a sex offender for sexting in Virginia?
It depends on the juvenile's age and how the case is handled. Juveniles age 13 and younger are not required to register. For juveniles over 13 in juvenile court, the judge decides whether registration is necessary, considering factors like age, maturity, and the relationship between the parties. If a juvenile is tried as an adult, mandatory registration applies.
What is the penalty for revenge porn in Virginia?
Revenge porn is a Class 1 misdemeanor under Va. Code 18.2-386.2, punishable by up to 12 months in jail and a fine of up to $2,500. Victims can also file civil lawsuits under Va. Code 8.01-40.4 to recover compensatory damages, punitive damages, and attorney fees. The statute requires proof that the defendant acted with intent to coerce, harass, or intimidate.
Is it illegal to keep an unsolicited explicit image of a minor in Virginia?
Yes. Knowingly possessing child pornography is a Class 6 felony under Va. Code 18.2-374.1:1, regardless of whether you requested the image. If you receive an unsolicited explicit image of a minor, delete it immediately. Keeping it on your device, even briefly, constitutes knowing possession and can result in criminal charges.
Does Virginia have a Romeo and Juliet exception for teen sexting?
No. While Virginia lowers the offense grade in some physical sexual offense cases based on the parties' ages (for example, Va. Code 18.2-63(B) when the accused is a minor), these provisions do not apply to the child pornography statutes used in sexting cases. There is no statutory protection for teenagers who exchange explicit images with peers of similar age. Defense attorneys typically rely on juvenile court discretion and diversion programs rather than statutory exceptions.
Updates
Separated the age used in Virginia's explicit-image laws from the state's sexual offense age rules, and described Va. Code 18.2-63(B) as a grading rule rather than an exception.
Corrected the felony class and offender-age scope of Va. Code 18.2-374.3, removed an injunction remedy Va. Code 8.01-40.4 does not provide, replaced an overstated school felony-reporting mandate and suspension ceiling with the actual statutory rules, and qualified the adult prison range and sex offender registration statements so they no longer read as applying to a juvenile.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the Va. Code 18.2-374.1 penalty structure: the statute is age-tiered (5-30 years under-15 tier, 1-20 years 15-17 tier) rather than a flat 5-to-20-year range, and mandatory minimums apply to both age tiers (not only under-15 victims) when the offender is significantly older.
Separated distribution from production in the child-pornography penalty section: Va. Code 18.2-374.1 governs production only (age-tiered, unchanged), while distribution/sending/sharing is governed by the separate Va. Code 18.2-374.1:1(C) (flat 5-20 years, no age-tiering, 5-year mandatory minimum only on repeat offense). Fixed the same conflation in the KeyTakeaways bullet and an FAQ answer.
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 18.2: Crimes and Offenses Generally
§ 18.2-374.1:1Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penaltyIn forcecited in 4 of our articles
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 (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.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Federal courts apply Va. Code 18.2-374.1:1 through its child pornography definition. United States v. Doyle (2011) held a search warrant lacked probable cause because mere child nudity is not a lewd exhibition, and United States v. King (2023) held a conviction under the section triggers the 18 U.S.C. 2252(b)(2) mandatory minimum.
Opinions citing this section in our collection:
- United States v. Doyle (Court of Appeals for the Fourth Circuit 2011, 650 F.3d 460)✓A warrant to search Doyle's home for child pornography rested on an undated report he showed a boy pictures of nude children; the Fourth Circuit held nudity alone is not child pornography under Virginia law, and with no date for them no officer could reasonably rely on it.
- United States v. King (District Court, District of Columbia 2023)✓Indicted in 2015 on five Virginia counts under section 18.2-374.1:1, King pleaded guilty to all; a federal court held the conviction "relates to" possession of child pornography under 18 U.S.C. 2252(b)(2) despite Virginia's broader definition, so the 10-year minimum applied.
- United States v. Dallen Mauck, Jr. (Court of Appeals for the Sixth Circuit 2012, 469 F. App'x 424)✓Sentenced for transporting child pornography, Mauck argued his 2004 Virginia conviction under section 18.2-374.1:1(A) could not raise his federal mandatory minimum; the Sixth Circuit called the question serious but declined to decide it, holding any error harmless.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Virginia Pornography Laws (2026): Legal for Adults, AV Required for Sites, Virginia Age of Consent Laws: Statutes, Penalties and Reporting
§ 18.2-374.1Production, publication, sale, financing, etc., of child pornography; presumption as to ageIn forcecited in 4 of our articles
A. For purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, "child pornography" means sexually explicit visual material that (i) utilizes or has as a subject an identifiable minor or (ii) depicts a minor in a state of nudity or engaged in sexual conduct, as those terms are defined in § 18.2-390, where such depiction is obscene as defined in § 18.2-372. An identifiable minor is a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and shall not be construed to require proof of the actual identity of the identifiable minor. For the purposes of clause (ii), the minor depicted does not have to actually exist.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- United States v. Doyle (Court of Appeals for the Fourth Circuit 2011, 650 F.3d 460)“…ld pornography as that term is defined by Virginia law. See Va. Code Ann. § 18.2-374.1(A) (2004). Instead, the picture must co…”
- United States v. Ronald Colson (Court of Appeals for the Fourth Circuit 2012, 683 F.3d 507)“…or Possession, etc. of Obscene Items Involving Children," Va. Code Ann. § 18.2-374.1(B)(2) (1984). Colson appeals his se…”
- United States v. King (District Court, District of Columbia 2023)“…ld pornography to include the “lewd exhibition of nudity,” Va. Code § 18.2-374.1(A), whereas the federal definition of c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-386.2Unlawful dissemination or sale of images of another; penaltyIn forcecited in 10 of our articles
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 (i) who is totally nude; (ii) who is in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast; or (iii) whose genitals, pubic area, buttocks, or female breast are not exposed but such videographic or still image is obscene as defined in § 18.2-372 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. For purposes of this subsection, "another person" includes a person whose image was used in creating, adapting, or modifying a videographic or still image with the intent to depict an actual person and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic. B.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Video Recording Laws: Surveillance Rules and Privacy Limits, Virginia Voyeurism and Hidden Camera Laws: Penalties and Protections, Virginia AI Laws and Regulation (2026)
§ 18.2-386.1Unlawful creation of image of another; penaltyIn forcecited in 16 of our articles
A. It is unlawful for any person to knowingly and intentionally create any videographic or still image by any means whatsoever of any nonconsenting person if (i) that person is (a) totally nude; (b) clad in undergarments; (c) in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast; or (d) not exposed to show the genitals, pubic area, buttocks, or female breast but such videographic or still image is obscene, as defined in § 18.2-372, when such nonconsenting person is in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location; or (ii) the videographic or still image 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 recorded would have a reasonable expectation of privacy. B.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Landlord-Tenant Recording Laws: Surveillance and Privacy Rights, Virginia Laws on Recording in Public: Rights and Restrictions, Virginia School Recording Laws: Student, Parent, and Teacher Rights
§ 18.2-374.3Use of communications systems to facilitate certain offenses involving children; penaltiesIn forcecited in 2 of our articles
A. As used in this section, "use a communications system" means making personal contact or direct contact through any agent or agency, any print medium, the United States mail, any common carrier or communication common carrier, any electronic communications system, the Internet, or any telecommunications, wire, computer network, or radio communications system. B. It is unlawful for any person to use a communications system, including computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of § 18.2-370 or 18.2-374.1. A violation of this subsection is a Class 6 felony. C. It is unlawful for any person 18 years of age or older to use a communications system, including computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting, with lascivious intent, any person he knows or has reason to believe is a child younger than 15 years of age to knowingly and intentionally: 1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Adam Toghill v. Harold Clarke (Court of Appeals for the Fourth Circuit 2017, 877 F.3d 547)“…f sodomy from a minor under the age of 15, in violation of Va. Code Ann. § 18.2-374.3(C)(3) (2007). He argues that his convic…”
- Carlos Gomez-Ruotolo v. Merrick Garland (Court of Appeals for the Fourth Circuit 2024, 96 F.4th 670)“…h in the preceding subdivisions. Va. Code § 18.2-374.3(c) (emphasis added). Go…”
- Linnon v. Clarke (District Court, E.D. Virginia 2017, 232 F. Supp. 3d 850)“…370.1 (conspiring to take indecent liberties with a minor), Va. Code § 18.2-374.3 (using a communications system to propo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-152.7:1Harassment by computer; penaltyIn force
If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he is guilty of a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- United States v. Williams (Court of Appeals for the Fourth Circuit 2010, 592 F.3d 511)“…es" indicative of the Virginia state law offenses stated in Va. Code Ann. §§ 18.2-152.7:1 (harassment by computer) and 18.2-60 (t…”
- Miller v. Washington Workplace, Inc. (District Court, E.D. Virginia 2004, 298 F. Supp. 2d 364)“…(Count VI); common law wrongful termination in violation of Va.Code Ann. § 18.2-152.7:1 (Count VII); and, wrongful termination…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-10Punishment for conviction of felony; penaltyIn forcecited in 11 of our articles
The authorized punishments for conviction of a felony are: (a) For Class 1 felonies, imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. Any person who was 18 years of age or older at the time of the offense and who is sentenced to imprisonment for life upon conviction of a Class 1 felony shall not be eligible for (i) parole, (ii) any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1, or (iii) conditional release pursuant to § 53.1-40.01 or 53.1-40.02. (b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000. (c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000. (d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Roper v. Simmons (Supreme Court of the United States 2005, 543 U.S. 551)“…minimum age) *580 Virginia Va. Code Ann. § 18.2-10 (a) (Lexis 2004) (minimum age…”
- Coker v. Georgia (Supreme Court of the United States 1977, 433 U.S. 584)“…5); Tenn. Code Ann. §§ 39-2402 , 39-2406, 39-3702 (1975); Va. Code Ann. §§ 18.2-10 , 18.2-31 (1975). Brief for Respondent…”
- Sumner v. Shuman (Supreme Court of the United States 1987, 483 U.S. 66)“…Tit. 21, §§ 701.7, 701.9 to 701.15 (1981 and Supp. 1986); Va. Code §§ 18.2-10(a) and 18.2-31(c) (1975), amended and c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Audio Recording Laws: One-Party Consent Rules and Penalties, Hit and Run Laws in the United States (2026 Guide), Virginia Smart Glasses Recording Laws
§ 18.2-355Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human traffickingIn forcecited in 2 of our articles
Any person who: (1) For purposes of prostitution or unlawful sexual intercourse, takes any person into, or persuades, encourages or causes any person to enter, a bawdy place, or takes or causes such person to be taken to any place against his or her will for such purposes; or (2) Takes or detains a person against his or her will with the intent to compel such person, by force, threats, persuasions, menace or duress, to marry him or her or to marry any other person, or to be defiled; or (3) Being parent, guardian, legal custodian or one standing in loco parentis of a person, consents to such person being taken or detained by any person for the purpose of prostitution or unlawful sexual intercourse; or (4) For purposes of prostitution, takes any minor into, or persuades, encourages, or causes any minor to enter, a bawdy place, or takes or causes such person to be taken to any place for such purposes; is guilty of pandering. A violation of subdivision (1), (2), or (3) is punishable as a Class 4 felony. A violation of subdivision (4) is punishable as a Class 3 felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-370Taking indecent liberties with children; penaltiesIn forcecited in 3 of our articles
A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony: (1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or (2) [Repealed.] (3) Propose that any such child feel or fondle his own sexual or genital parts or the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or (4) Propose to such child the performance of an act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any act constituting an offense under § 18.2-361; or (5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this subsection. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Michael David Bailey v. Commonwealth of Virginia (Court of Appeals of Virginia 2017)“…complaining witness with lascivious intent as required by Va. Code Sec. 18.2-370, where the proposition Bailey made to “…”
- William MacDonald v. Tim Moose (Court of Appeals for the Fourth Circuit 2013, 710 F.3d 154)“…carnal knowledge of a child between thirteen and fifteen); Va.Code § 18.2-370 (prohibiting persons over eighteen from…”
- United States v. Luther Amos Beahm (Court of Appeals for the Fourth Circuit 1981, 664 F.2d 414)“…Beahm was found to have twice violated Virginia state law, Va.Code § 18.2-370(2). Those same acts become federal cri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Age of Consent Laws by State: Statutes, Protections and Reporting
§ 18.2-63Carnal knowledge of child between thirteen and fifteen years of ageIn forcecited in 3 of our articles
A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony. B. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor. In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used. C. For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- John Wilkes Trent, Sr. v. Commonwealth of Virginia (Court of Appeals of Virginia 2017)“…im 13-14, in violation of Va. Code § 18.2-63 because the…”
- Doe v. Virginia Department of State Police (Court of Appeals for the Fourth Circuit 2013, 713 F.3d 745)“…ithout the use of force” on the part of the offender. See Va.Code § 18.2-63. Not long ago, we determined that this…”
- United States v. Vann (Court of Appeals for the Fourth Circuit 2011, 660 F.3d 771)“…443, 444 (4th Cir. 2009) (alteration in original) (quoting Va. Code Ann. § 18.2-63). In Thornton, the government maintaine…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Virginia, Title 8.01: Civil Remedies and Procedure
§ 8.01-40.4Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of anotherIn forcecited in 9 of our articles
A. Any person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1 or 18.2-386.2, whether or not the individual has been charged with or convicted of the alleged violation, may sue therefor and recover compensatory damages, punitive damages, and reasonable attorney fees and costs. B. No action shall be commenced under this section more than two years after the later of (i) the date of the last act in violation of § 18.2-386.1 or 18.2-386.2, (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct. C. Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Employee Monitoring Laws: Workplace Surveillance and Social Media (2026), Virginia Surveillance Camera Laws (2026 Guide), Revenge Porn Laws by State: All 50 States and DC (2026)
Code of Virginia, Title 16.1: Courts Not of Record
§ 16.1-278.8Delinquent juvenilesIn force
A. If a juvenile 11 years of age or older is found to be delinquent, except where such finding involves a refusal to take a breath test in violation of § 18.2-268.2 or a similar ordinance, the juvenile court or the circuit court may make any of the following orders of disposition for his supervision, care, and rehabilitation: 1. Enter an order pursuant to the provisions of § 16.1-278; 2. Permit the juvenile to remain with his parent, subject to such conditions and limitations as the court may order with respect to the juvenile and his parent; 3. Order the parent of a juvenile living with him to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile and his parent; 4. Defer disposition for a specific period of time established by the court with due regard for the gravity of the offense and the juvenile's history, after which time the charge may be dismissed by the judge if the juvenile exhibits good behavior during the period for which disposition is deferred; 5.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- United States v. Christopher Walters, United States of America v. Deon Montieal Crudup, United States of America v. Deandre Avion Davis (Court of Appeals for the Fourth Circuit 2004, 359 F.3d 340)“…litatively different consequences as well. See Va.Code Ann. § 16.1-278.8 (Michie 2003) (listing sanctions applic…”
- United States v. Davis (District Court, E.D. Virginia 2002, 234 F. Supp. 2d 601)“…only a qualitatively different punishment, see Va.Code Ann. § 16.1-278.8 but also no imposition of the civil dis…”
- United States v. McCloud (District Court, W.D. Virginia 2001, 158 F. Supp. 2d 744)“…ir.1995). 6 . Compare Va.Code Ann. §§ 16.1-278.8 (delinquent juveniles), 16.1-278.9 (del…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Virginia, Title 22.1: Education
§ 22.1-277.05Long-term suspensions; procedures; readmissionIn force
A. A pupil may be suspended from attendance at school for 11 to 45 school days after providing written notice to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the school board, or a committee thereof, or the superintendent or his designee, in accordance with regulations of the school board. If the regulations provide for a hearing by the superintendent or his designee, the regulations shall also provide for an appeal of the decision to the full school board. Such appeal shall be decided by the school board within 30 days. If the regulations provide for a hearing by a committee of the school board, the regulations shall also provide that such committee may confirm or disapprove the suspension of a student. Any such committee of the school board shall be composed of at least three members. If the committee's decision is not unanimous, the pupil or his parent may appeal the committee's decision to the full school board. Such appeal shall be decided by the school board within 30 days. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- Fitzgerald v. Fairfax County School Board (District Court, E.D. Virginia 2008, 556 F. Supp. 2d 543)“…d the right to appeal the suspension decision to FCSB under Va.Code § 22.1-277.05(A), but chose not to do so. Their decis…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 22.1-279.3:1Reports of certain acts to school authorities; reports of certain acts by school authorities to parents; reports of certain acts by school authorities to law enforcementIn force
A. Reports shall be made to the division superintendent and to the principal or his designee on all incidents involving: 1. Alcohol, marijuana, a controlled substance, an imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications; 2. The assault and battery that results in bodily injury of any person on a school bus, on school property, or at a school-sponsored activity; 3. The sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in § 18.2-47 or 18.2-48, or stalking of any person as described in § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity; 4. Any written threats against school personnel while on a school bus, on school property, or at a school-sponsored activity; 5. The illegal carrying of a firearm, as defined in § 22.1-277.07, onto school property; 6.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Baynard v. Malone (Court of Appeals for the Fourth Circuit 2001, 268 F.3d 228)“…to report instances of sexual abuse to the principal. See Va.Code Ann. § 22.1-279.3:1(A) (designating principal as official t…”
- Wofford v. Evans (Court of Appeals for the Fourth Circuit 2004, 390 F.3d 318)“…illegal carrying of a firearm . . . onto school property." Va. Code Ann. § 22.1-279.3:1 (Michie 2003). A school board rule requ…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Virginia, Title 9.1: Commonwealth Public Safety
§ 9.1-902Offenses requiring registrationIn forcecited in 2 of our articles
A. For purposes of this chapter: "Murder" means a violation of, attempted violation of, or conspiracy to violate § 18.2-31 or 18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former § 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section. "Offense for which registration is required" includes: 1. Any Tier I, Tier II, or Tier III offense; 2. Murder; 3. Any offense similar to a Tier I, Tier II, or Tier III offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof; and 4. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Doe v. Virginia Department of State Police (Court of Appeals for the Fourth Circuit 2013, 713 F.3d 745)“…1993 conviction as one for a “[sjexually violent offense.” Va.Code § 9.1-902(E)(1). On June 25, 2010, Ms. Doe file…”
- Jane Doe v. Virginia Dep't of State Police (Court of Appeals for the Fourth Circuit 2013)“…fender and Crimes Against Minors Registry (the "Registry"), Va. Code section 9.1-902 (formerly Va. Code section 19.2-298.1),…”
- James Desper v. Harold Clarke (Court of Appeals for the Fourth Circuit 2021, 1 F.4th 236)“…obligation to register as a sex offender in Virginia. See Va. Code Ann. § 9.1-902. While on probation for that of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Va. Code 18.2-374.1:1: Possession, Reproduction, Distribution of Child Pornography(law.lis.virginia.gov).gov
- Va. Code 18.2-374.1: Production, Publication, Sale of Child Pornography(law.lis.virginia.gov).gov
- Va. Code 18.2-374.3: Use of Communications Systems to Facilitate Offenses Involving Minors(law.lis.virginia.gov).gov
- Va. Code 18.2-386.2: Unlawful Dissemination or Sale of Images (Revenge Porn)(law.lis.virginia.gov).gov
- Va. Code 18.2-386.1: Unlawful Creation of Image of Another(law.lis.virginia.gov).gov
- Va. Code 18.2-152.7:1: Harassment by Computer(law.lis.virginia.gov).gov
- Va. Code 16.1-278.8: Juvenile Court Disposition for Delinquent Juveniles(law.lis.virginia.gov).gov
- Va. Code 8.01-40.4: Civil Action for Unlawful Dissemination of Images(law.lis.virginia.gov).gov
- The Take It Down Act: Federal Law on Nonconsensual Intimate Images(congress.gov).gov
- Va. Code 22.1-279.3:1: Reports of Certain Acts to School Authorities(law.lis.virginia.gov)
- Va. Code 22.1-277.05: Long-Term Suspensions; Procedures; Readmission(law.lis.virginia.gov)
- Va. Code 9.1-902: Offenses Requiring Sex Offender Registration (subsection D, juveniles)(law.lis.virginia.gov)
- Va. Code 18.2-10: Punishment for Conviction of Felony (Class 6 range)(law.lis.virginia.gov)