Skip to main content
US Criminal Defense.org
Menu

Virginia statute

Va. Code Ann. § 18.2-246.14 — Counterfeit cigarettes; penalty; civil penalty

Current through 2026 Regular Session

Part of Article 10: Cigarette Delivery Sale Requirements, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-246.14

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-246.14Primary source, current through the 2026 Regular Session
A. It is unlawful to distribute or possess counterfeit cigarettes. B. Any person who knowingly distributes or possesses with the intent to distribute a total quantity of less than 10 cartons of counterfeit cigarettes is guilty of a Class 1 misdemeanor. Any person who is convicted of a second or subsequent offense involving a total quantity of less than 10 cartons of counterfeit cigarettes is guilty of a Class 6 felony, provided that the accused was at liberty as defined in § 53.1-151 between each conviction, and it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this subsection. Any person who knowingly distributes or possesses with the intent to distribute a total quantity of 10 or more cartons of counterfeit cigarettes is guilty of a Class 6 felony. C. Any person who knowingly violates subsection A with a total quantity of less than two cartons of cigarettes shall be punished by a civil penalty of no more than $1,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense involving a total quantity of less than two cartons of cigarettes, be punished by a civil penalty of no more than $5,000 and, if applicable, the revocation by the Department of Taxation of his wholesale dealer license. D. Any person who knowingly violates subsection A with a total quantity of two or more cartons of cigarettes shall be punished by a civil penalty of no more than $2,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense involving a total quantity of two or more cartons of cigarettes, be punished by a civil penalty of no more than $50,000 and, if applicable, the revocation by the Department of Taxation of his wholesale dealer license. For purposes of this section, counterfeit cigarettes shall include but not be limited to cigarettes that (i) have false manufacturing labels, (ii) are not manufactured by the manufacturer indicated on the container, or (iii) have affixed to the container a false tax stamp.

Official sources

Legal terms used in this section

Questions this section answers

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)

Which Virginia statute covers counterfeit cigarettes?

Counterfeit cigarettes is governed by Va. Code Ann. § 18.2-246.14 (Counterfeit cigarettes; penalty; civil penalty).

This reference is informational and is not legal advice.