Virginia criminal charge
Counterfeit cigarettes in Virginia
Counterfeit cigarettes is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-246.14. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-246.14.
What is the penalty for counterfeit cigarettes in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Counterfeit cigarettes - less than 10 cartons, first offense — Knowing distribution or possession with intent to distribute less than 10 cartons of counterfeit cigarettes, first offense.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Counterfeit cigarettes - less than 10 cartons, first offense — Knowing distribution or possession with intent to distribute less than 10 cartons of counterfeit cigarettes, first offense.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Counterfeit cigarettes - less than 10 cartons, second or subsequent offense — Second or subsequent conviction involving less than 10 cartons of counterfeit cigarettes, where accused was at liberty between convictions and prior conviction is admitted or found.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Counterfeit cigarettes - less than 10 cartons, second or subsequent offense — Second or subsequent conviction involving less than 10 cartons of counterfeit cigarettes, where accused was at liberty between convictions and prior conviction is admitted or found.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Counterfeit cigarettes - 10 or more cartons — Knowing distribution or possession with intent to distribute a total quantity of 10 or more cartons of counterfeit cigarettes.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Counterfeit cigarettes - 10 or more cartons — Knowing distribution or possession with intent to distribute a total quantity of 10 or more cartons of counterfeit cigarettes.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is counterfeit cigarettes classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Counterfeit cigarettes - less than 10 cartons, first offense | Class 1 Misdemeanor | Knowing distribution or possession with intent to distribute less than 10 cartons of counterfeit cigarettes, first offense. | Va. Code Ann. § 18.2-246.14B |
| Counterfeit cigarettes - less than 10 cartons, second or subsequent offense | Class 6 Felony | Second or subsequent conviction involving less than 10 cartons of counterfeit cigarettes, where accused was at liberty between convictions and prior conviction is admitted or found. | Va. Code Ann. § 18.2-246.14B |
| Counterfeit cigarettes - 10 or more cartons | Class 6 Felony | Knowing distribution or possession with intent to distribute a total quantity of 10 or more cartons of counterfeit cigarettes. | Va. Code Ann. § 18.2-246.14B |
Common questions about counterfeit cigarettes in Virginia
Is counterfeit cigarettes a felony or a misdemeanor in Virginia?
It depends on the circumstances: counterfeit cigarettes ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-246.14.
Counterfeit cigarettes - less than 10 cartons, first offense: class 1 misdemeanor (Va. Code Ann. § 18.2-246.14B) · Counterfeit cigarettes - less than 10 cartons, second or subsequent offense: class 6 felony (Va. Code Ann. § 18.2-246.14B) · Counterfeit cigarettes - 10 or more cartons: class 6 felony (Va. Code Ann. § 18.2-246.14B)
What are the penalties for counterfeit cigarettes in Virginia?
Which Virginia statute covers counterfeit cigarettes?
Counterfeit cigarettes is governed by Va. Code Ann. § 18.2-246.14 (Counterfeit cigarettes; penalty; civil penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.