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.
For the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film, digital image, including such material stored in a computer's temporary Internet cache when three or more images or streaming videos are present, or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.
B. A person shall be guilty of production of child pornography who:
1. Accosts, entices or solicits a person less than 18 years of age with intent to induce or force such person to perform in or be a subject of child pornography; or
2. Produces or makes or attempts or prepares to produce or make child pornography; or
3. Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means; or
4. Knowingly finances or attempts or prepares to finance child pornography.
5. [Repealed.]
B1. [Repealed.]
C1. Any person who violates this section, 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 the 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 section where the person is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 15 years nor more than 40 years, 15 years of which shall be a mandatory minimum term of imprisonment.
C2. Any person who violates this section, when the subject of the child pornography is a person at least 15 but less than 18 years of age, shall be punished by not less than one year nor more than 20 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by term of imprisonment of not less than three years nor more than 30 years in a state correctional facility, three years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section when he is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 10 years nor more than 30 years, 10 years of which shall be a mandatory minimum term of imprisonment.
C3. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.
D. For the 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.
E. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs, where the alleged offender resides, or where any sexually explicit visual material associated with a violation of this section is produced, reproduced, found, stored, or possessed.
1979, c. 348; 1983, c. 524; 1986, c. 585; 1992, c. 234; 1995, c. 839; 2007, cc. 418, 759, 823; 2013, cc. 761, 774; 2015, c. 709; 2020, c. 489; 2024, c. 262.
Notes of Decisions
Cited in
70
cases (
20 in the last 5 years), 1982–2026 · leading case:
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988).
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988).
· cites it 111× “The issues raised in this appeal are: (1) whether the indictment was void for multi-fariousness; (2) whether the trial court erred in allowing counts six through nine to be tried together; (3) whether the 1979 version of Code § 18.2-374.1, under which Foster was tried in counts…”
Slavek v. Hinkle, 359 F. Supp. 2d 473 (E.D. Va. 2005).
· cites it 30× “1:1, 1 and with one count of “reproducing sexually explicit material of persons under eighteen years of age,” a class 5 felony, Virginia Code § 18.2-374.1. A subsequent consensual search of Slavek’s room at the Norfolk Union Mission yielded four plastic grocery bags containing…”
Chapman v. Commonwealth, 697 S.E.2d 20 (Va. Ct. App. 2010).
· cites it 32× “There was no evidence that appellant left the basement apartment that morning or that anyone else had been inside the basement apartment that morning.”
Hugo Alberto Sandoval v. Commonwealth of Virginia, 768 S.E.2d 709 (Va. Ct. App. 2015).
· cites it 26× “Accosts, entices or solicits a person less than eighteen years of age with intent to induce or force such person to perform in or be a subject of sexually explicit visual material; or 2.”
Johnson, Ronald v. Commonwealth, 793 S.E.2d 321 (Va. 2016).
· cites it 8× “The Court of Appeals held that each photograph created a separate violation because Code § 18.2-374.1(A) defined "sexually explicit material" to include "a photograph.”
Dustin Allen Ele, Sr. v. Commonwealth of Virginia, 829 S.E.2d 564 (Va. Ct. App. 2019).
· cites it 20× “(“appellant”) was convicted of four felonies: two counts of producing child pornography, in violation of Code § 18.2-374.1; aggravated sexual battery, in violation of Code § 18.”
Mason v. Commonwealth, 636 S.E.2d 480 (Va. Ct. App. 2006).
· cites it 10× “Accordingly, we conclude that the permissible unit of prosecution for possession of child pornography under Code § 18.2-374.1(B)(4) corresponds to the number of individual items of sexually explicit visual material.”
Frantz v. Commonwealth, 388 S.E.2d 273 (Va. Ct. App. 1990).
· cites it 26× “Frantz was convicted under Code § 18.2-374.1 of soliciting J.D. and M.”
Freeman v. Commonwealth, 288 S.E.2d 461 (Va. 1982).
· cites it 11× “Code § 18.2-374.1, 2 enacted near the end of the decade, focuses upon child pornography.”
New York v. Ferber, 458 U.S. 747 (1982).
· cites it 2× “§ 53a-196b (1981); Va. Code § 18.2-374.1 (1982). Twelve States prohibit only the use of minors in the production of the material.”
Asa v. Commonwealth, 441 S.E.2d 26 (Va. Ct. App. 1994).
· cites it 12× “A jury convicted Stephen Mark Asa of enticing or soliciting a minor to perform in or be a subject of sexually explicit visual material as proscribed by Code § 18.2-374.1. Asa argues that the evidence was insufficient to sustain his conviction.”
— Va. Code Ann. § 18.2-374.1(A) — 25 cases
Chapman v. Commonwealth, 697 S.E.2d 20 (Va. Ct. App. 2010).
“There was no evidence that appellant left the basement apartment that morning or that anyone else had been inside the basement apartment that morning.”
Johnson, Ronald v. Commonwealth, 793 S.E.2d 321 (Va. 2016).
“The Court of Appeals held that each photograph created a separate violation because Code § 18.2-374.1(A) defined "sexually explicit material" to include "a photograph.”
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988).
“The issues raised in this appeal are: (1) whether the indictment was void for multi-fariousness; (2) whether the trial court erred in allowing counts six through nine to be tried together; (3) whether the 1979 version of Code § 18.2-374.1, under which Foster was tried in counts…”
Hugo Alberto Sandoval v. Commonwealth of Virginia, 768 S.E.2d 709 (Va. Ct. App. 2015).
“Accosts, entices or solicits a person less than eighteen years of age with intent to induce or force such person to perform in or be a subject of sexually explicit visual material; or 2.”
— Va. Code Ann. § 18.2-374.1(A)(2) — 1 case
Freeman v. Commonwealth, 288 S.E.2d 461 (Va. 1982).
“Code § 18.2-374.1, 2 enacted near the end of the decade, focuses upon child pornography.”
— Va. Code Ann. § 18.2-374.1(A)(3) — 1 case
Freeman v. Commonwealth, 288 S.E.2d 461 (Va. 1982).
“Code § 18.2-374.1, 2 enacted near the end of the decade, focuses upon child pornography.”
— Va. Code Ann. § 18.2-374.1(B) — 6 cases
Hugo Alberto Sandoval v. Commonwealth of Virginia, 768 S.E.2d 709 (Va. Ct. App. 2015).
“Accosts, entices or solicits a person less than eighteen years of age with intent to induce or force such person to perform in or be a subject of sexually explicit visual material; or 2.”
Johnson, Ronald v. Commonwealth, 793 S.E.2d 321 (Va. 2016).
“The Court of Appeals held that each photograph created a separate violation because Code § 18.2-374.1(A) defined "sexually explicit material" to include "a photograph.”
— Va. Code Ann. § 18.2-374.1(B)(1) — 9 cases
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988).
“The issues raised in this appeal are: (1) whether the indictment was void for multi-fariousness; (2) whether the trial court erred in allowing counts six through nine to be tried together; (3) whether the 1979 version of Code § 18.2-374.1, under which Foster was tried in counts…”
Hugo Alberto Sandoval v. Commonwealth of Virginia, 768 S.E.2d 709 (Va. Ct. App. 2015).
“Accosts, entices or solicits a person less than eighteen years of age with intent to induce or force such person to perform in or be a subject of sexually explicit visual material; or 2.”
Frantz v. Commonwealth, 388 S.E.2d 273 (Va. Ct. App. 1990).
“Frantz was convicted under Code § 18.2-374.1 of soliciting J.D. and M.”
Dustin Allen Ele, Sr. v. Commonwealth of Virginia, 829 S.E.2d 564 (Va. Ct. App. 2019).
“(“appellant”) was convicted of four felonies: two counts of producing child pornography, in violation of Code § 18.2-374.1; aggravated sexual battery, in violation of Code § 18.”
Asa v. Commonwealth, 441 S.E.2d 26 (Va. Ct. App. 1994).
“A jury convicted Stephen Mark Asa of enticing or soliciting a minor to perform in or be a subject of sexually explicit visual material as proscribed by Code § 18.2-374.1. Asa argues that the evidence was insufficient to sustain his conviction.”
— Va. Code Ann. § 18.2-374.1(B)(2) — 7 cases
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988).
“The issues raised in this appeal are: (1) whether the indictment was void for multi-fariousness; (2) whether the trial court erred in allowing counts six through nine to be tried together; (3) whether the 1979 version of Code § 18.2-374.1, under which Foster was tried in counts…”
Dustin Allen Ele, Sr. v. Commonwealth of Virginia, 829 S.E.2d 564 (Va. Ct. App. 2019).
“(“appellant”) was convicted of four felonies: two counts of producing child pornography, in violation of Code § 18.2-374.1; aggravated sexual battery, in violation of Code § 18.”
Freeman v. Commonwealth, 288 S.E.2d 461 (Va. 1982).
“Code § 18.2-374.1, 2 enacted near the end of the decade, focuses upon child pornography.”
— Va. Code Ann. § 18.2-374.1(B)(3) — 3 cases
Slavek v. Hinkle, 359 F. Supp. 2d 473 (E.D. Va. 2005).
“1:1, 1 and with one count of “reproducing sexually explicit material of persons under eighteen years of age,” a class 5 felony, Virginia Code § 18.2-374.1. A subsequent consensual search of Slavek’s room at the Norfolk Union Mission yielded four plastic grocery bags containing…”
— Va. Code Ann. § 18.2-374.1(B)(4) — 4 cases
Mason v. Commonwealth, 636 S.E.2d 480 (Va. Ct. App. 2006).
“Accordingly, we conclude that the permissible unit of prosecution for possession of child pornography under Code § 18.2-374.1(B)(4) corresponds to the number of individual items of sexually explicit visual material.”
Johnson, Ronald v. Commonwealth, 793 S.E.2d 321 (Va. 2016).
“The Court of Appeals held that each photograph created a separate violation because Code § 18.2-374.1(A) defined "sexually explicit material" to include "a photograph.”
— Va. Code Ann. § 18.2-374.1(B)(5) — 1 case
— Va. Code Ann. § 18.2-374.1(C)(1) — 1 case
— Va. Code Ann. § 18.2-374.1(C2) — 1 case
— Va. Code Ann. § 18.2-374.1(D) — 1 case
— Va. Code Ann. § 18.2-374.1(E) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.