Virginia Code
Va. Code Ann. § 59.1-41.5 (2026)
Confiscation of nonconforming recorded devices
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Ninety days after July 1, 1972, it shall be the duty of all law-enforcement officers, upon discovery, to confiscate all recorded devices that do not conform to the provisions of § 59.1-41.4. The nonconforming recorded devices shall be delivered to the attorney for the Commonwealth of the county in which the confiscation was made. The attorney for the Commonwealth by court order may give the same to a charitable or educational organization. The provisions of this section shall apply to any nonconforming recorded device, regardless of the requirement in § 59.1-41.3 of knowledge or intent of a retail seller.
1972, c. 618.
Notes of Decisions
Cited in 2
cases, 2006–2006 · leading case: McLaughlin v. Commonwealth, 629 S.E.2d 724 (Va. Ct. App. 2006).
McLaughlin v. Commonwealth, 629 S.E.2d 724 (Va. Ct. App. 2006). “The Commonwealth defended the police action as an enforcement under Code § 59.1-41.5. A private investigator with specialized training "in the detection of bogus recordings" testified on behalf of the Commonwealth, explaining his conclusion that the CDs were pirated.”
Carmas (Carmus) Jonah McLaughlin v. Commonwealth, No. 0250053 (Va. Ct. App. Dec. 5, 2006). “The Commonwealth defended the police action as an enforcement under Code § 59.1-41.5. A private investigator with specialized training “in the detection of bogus recordings” testified on behalf of the Commonwealth, explaining his conclusion that the CDs were pirated.”
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