Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 8. Crimes Involving Morals and Decency » Article 5. Obscenity and Related Offenses
Virginia Code

Va. Code Ann. § 18.2-381 (2026)

Punishment for subsequent offenses; additional penalty for owner

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Any person, firm, association or corporation convicted of a second or other subsequent offense under § 18.2-374, 18.2-375, 18.2-376, 18.2-377, 18.2-378, or 18.2-379 is guilty of a Class 6 felony. However, if the person, firm, association or corporation convicted of such subsequent offense is the owner of the business establishment where each of the offenses occurred, a fine of not more than $10,000 shall be imposed in addition to the penalties otherwise prescribed by this section.

Code 1950, § 18.1-236.1; 1960, c. 233; 1968, c. 662; 1975, cc. 14, 15; 1983, c. 412; 2015, c. 428.

Notes of Decisions
Cited in 4 cases, 1984–2005 · leading case: Educ. Books, Inc. v. Commonwealth, 323 S.E.2d 84 (Va. 1984).
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Educ. Books, Inc. v. Commonwealth, 323 S.E.2d 84 (Va. 1984). · cites it 2× “2 Code § 18.2-381 provides for punishment as a Class 6 felony for a second or other subsequent conviction under the obscenity statutes.”
Washington v. Commonwealth, 616 S.E.2d 774 (Va. Ct. App. 2005). “2-270 & -271 (driving while intoxicated); § 18.2-381 (obscenity generally). Since then, the General Assembly has enacted several more: Code § 18.”
Star News, Inc. v. Commonwealth of Virginia, No. 1785961 (Va. Ct. App. Jan. 6, 1998). · cites it 10× “The same grand jury also indicted Star for five later instances of similar conduct, but as second or subsequent offenses, each a felony under Code § 18.2-381. Star moved the trial court to dismiss all indictments, denouncing the operative statutes as violative of both the…”
Washington v. Com., 616 S.E.2d 774 (Va. Ct. App. 2005). “2-270 & -271 (driving while intoxicated); § 18.2-381 (obscenity generally). Since then, the General Assembly has enacted several more: Code § 18.”
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