Virginia criminal charge

Unauthorized uses of DNA data bank in Virginia

Current through 2026 Virginia legislative session

Unauthorized uses of DNA data bank is a criminal offense under Virginia law, defined by Va. Code Ann. § 19.2-310.6. 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. § 19.2-310.6.

What is the penalty for unauthorized uses of dna data bank in Virginia?

Penalties for Unauthorized uses of DNA data bank
Penalty	Range	Basis	Authority
Fine	up to $500 (Unauthorized dissemination of DNA data bank information — Applies when a person, without authority, disseminates information contained in the DNA data bank.; fine only — no jail (§ 18.2-11(c)))	discretionary	Va. Code Ann. § 18.2-11
Jail / prison	up to 12 months (Knowing unauthorized use, dissemination, or receipt of DNA data bank information — Applies when a person disseminates, receives, or otherwise uses or attempts to use data bank information knowing it is for a purpose other than authorized by law.)	discretionary	Va. Code Ann. § 18.2-11
Fine	up to $2,500 (Knowing unauthorized use, dissemination, or receipt of DNA data bank information — Applies when a person disseminates, receives, or otherwise uses or attempts to use data bank information knowing it is for a purpose other than authorized by law.; either or both with confinement (§ 18.2-11(a)))	discretionary	Va. Code Ann. § 18.2-11
Jail / prison	1 years to 10 years (Unauthorized obtaining of forensic DNA sample — Applies when a person, for purposes of having DNA analysis performed, without authorization obtains or attempts to obtain a sample submitted to the Department of Forensic Science for analysis.; 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(e)))	discretionary	Va. Code Ann. § 18.2-10
Fine	up to $2,500 (Unauthorized obtaining of forensic DNA sample — Applies when a person, for purposes of having DNA analysis performed, without authorization obtains or attempts to obtain a sample submitted to the Department of Forensic Science for analysis.; with the jail-confinement alternative under § 18.2-10(e))	discretionary	Va. Code Ann. § 18.2-10

Applies to current.

How is unauthorized uses of dna data bank classified in Virginia?

The classification depends on the circumstances:

Classification variants for Unauthorized uses of DNA data bank
Variant	Classification	When it applies	Statute
Unauthorized dissemination of DNA data bank information	Class 3 Misdemeanor	Applies when a person, without authority, disseminates information contained in the DNA data bank.	Va. Code Ann. § 19.2-310.6undefined
Knowing unauthorized use, dissemination, or receipt of DNA data bank information	Class 1 Misdemeanor	Applies when a person disseminates, receives, or otherwise uses or attempts to use data bank information knowing it is for a purpose other than authorized by law.	Va. Code Ann. § 19.2-310.6undefined
Unauthorized obtaining of forensic DNA sample	Class 5 Felony	Applies when a person, for purposes of having DNA analysis performed, without authorization obtains or attempts to obtain a sample submitted to the Department of Forensic Science for analysis.	Va. Code Ann. § 19.2-310.6undefined

Common questions about unauthorized uses of dna data bank in Virginia

Is unauthorized uses of DNA data bank a felony or a misdemeanor in Virginia?

It depends on the circumstances: unauthorized uses of DNA data bank ranges from a class 3 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 19.2-310.6.

Unauthorized dissemination of DNA data bank information: class 3 misdemeanor (Va. Code Ann. § 19.2-310.6) · Knowing unauthorized use, dissemination, or receipt of DNA data bank information: class 1 misdemeanor (Va. Code Ann. § 19.2-310.6) · Unauthorized obtaining of forensic DNA sample: class 5 felony (Va. Code Ann. § 19.2-310.6)

What are the penalties for unauthorized uses of DNA data bank in Virginia?

Penalties for unauthorized uses of DNA data bank in Virginia depend on how it is classified — from a class 3 misdemeanor up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.

Which Virginia statute covers unauthorized uses of DNA data bank?

Unauthorized uses of DNA data bank is governed by Va. Code Ann. § 19.2-310.6 (Unauthorized uses of DNA data bank; forensic samples; penalties).

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.