Skip to main content
US Criminal Defense.org
Menu

Virginia statute

Va. Code Ann. § 18.2-386.1 — Unlawful creation of image of another; penalty

Current through 2026 Regular Session

Part of Article 5: Obscenity and Related Offenses, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-386.1

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. § 18.2-386.1Primary source, current through the 2026 Regular Session
A. It is unlawful for any person to knowingly and intentionally create any videographic or still image by any means whatsoever of any nonconsenting person if (i) that person is (a) totally nude; (b) clad in undergarments; (c) in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast; or (d) not exposed to show the genitals, pubic area, buttocks, or female breast but such videographic or still image is obscene, as defined in § 18.2-372 , when such nonconsenting person is in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location; or (ii) the videographic or still image is created by placing the lens or image-gathering component of the recording device in a position directly beneath or between a person's legs for the purpose of capturing an image of the person's intimate parts or undergarments covering those intimate parts when the intimate parts or undergarments would not otherwise be visible to the general public; and when the circumstances set forth in clause (i) or (ii) are otherwise such that the person being recorded would have a reasonable expectation of privacy. B. 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. C. A violation of subsection A is a Class 1 misdemeanor. D. A violation of subsection A involving a nonconsenting person younger than 18 years of age is a Class 6 felony. E. Where it is alleged in the warrant, information, or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the 10-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, and when such offenses were not part of a common act, transaction, or scheme, and such person has been at liberty as defined in § 53.1-151 between each conviction, he is guilty of a Class 6 felony.

Official sources

Legal terms used in this section

Questions this section answers

Is unlawful creation of image of another a felony or a misdemeanor in Virginia?

It depends on the circumstances: unlawful creation of image of another ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-386.1.

Base offense — unlawful creation of image: class 1 misdemeanor (Va. Code Ann. § 18.2-386.1C) · Unlawful creation of image of minor: class 6 felony (Va. Code Ann. § 18.2-386.1D) · Repeat offender — prior convictions: class 6 felony (Va. Code Ann. § 18.2-386.1E)

Which Virginia statute covers unlawful creation of image of another?

Unlawful creation of image of another is governed by Va. Code Ann. § 18.2-386.1 (Unlawful creation of image of another; penalty).

This reference is informational and is not legal advice.