Law / United States / Virginia
Computer-Generated Child Sexual Abuse Material
Va. Code Ann. §§ 18.2-374.1, 18.2-374.1:1
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force.
An AI prohibited practices rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Do not produce, make, finance, or knowingly take part in producing child pornography, including a computer-generated or digitally manipulated depiction built from an identifiable minor's face, likeness, or other distinguishing characteristic; the minor as depicted does not have to actually exist for this to apply.
- Do not knowingly possess, reproduce, sell, distribute, transmit, display, or solicit such material, or operate a website for the purpose of facilitating payment for access to it.
- Penalties are graduated by the subject's age and by whether the offender is at least seven years older than the subject, with mandatory minimum prison terms on the higher tiers.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Production (§ 18.2-374.1): where the subject is under 15, 5 to 30 years, with a 5-year mandatory minimum if the offender is at least 7 years older, rising to 15 to 40 years with a 15-year mandatory minimum on a second or subsequent such offense; where the subject is 15 to under 18, 1 to 20 years, with a 3-year mandatory minimum if the offender is at least 7 years older, rising to 10 to 30 years with a 10-year mandatory minimum on a second or subsequent such offense. Possession (§ 18.2-374.1:1(A)-(B)): Class 6 felony, Class 5 felony for a second or subsequent violation. Reproduction, distribution, sale, or soliciting entry into a trading group (§ 18.2-374.1:1(C)): 5 to 20 years, with a 5-year mandatory minimum on a second or subsequent violation. Operating a website to facilitate payment for access (§ 18.2-374.1:1(D)): Class 4 felony.
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Virginia's child pornography statute defines an identifiable minor to include a person whose image as a minor was used in creating, adapting, or modifying a visual depiction, recognizable by face, likeness, or other distinguishing characteristic, and its own text states that for this purpose the minor depicted does not have to actually exist, reaching a computer-generated or AI-manipulated depiction built from an identifiable real minor's likeness on the same terms as an unaltered photograph.
Section 18.2-374.1 punishes producing, financing, or knowingly taking part in producing such material, with penalties graduated by the subject's age and the offender's age relative to the subject; section 18.2-374.1:1 separately punishes knowing possession, and reproduction, sale, distribution, or solicitation to gain entry into a trading group.
The statute's history note lists amendments through 2024, but does not isolate which amendment year first added the 'does not have to actually exist' clause, so no commencement date for that specific text is confirmed here even though the statute as a whole is unquestionably in force today.
When LexLint raises it
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