A violation of subsection A involving a nonconsenting person under the age of 18 shall be punishable as a Class 6 felony.Į. A violation of subsection A shall be punishable as a Class 1 misdemeanor.ĭ. The provisions of this section shall not apply to any videographic or still image created by any means whatsoever by (i) law-enforcement officers pursuant to a criminal investigation which is otherwise lawful or (ii) correctional officials and local or regional jail officials for security purposes or for investigations of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail, or to any sound recording of an oral conversation made as a result of any videotaping or filming pursuant to Chapter 6 (§ 19.2-61 et seq.) of Title 19.2.Ĭ. State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands.Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial it is used primarily for felonies.Felony: A crime carrying a penalty of more than a year in prison.Conviction: A judgement of guilt against a criminal defendant.
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