19.2-386.31 - Seizure and forfeiture of property used in connection with the exploitation and solicitation of children. - Virginia Statutes

§ 19.2-386.31. Seizure and forfeiture of property used in connection with theexploitation and solicitation of children.

All audio and visual equipment, electronic equipment, devices and otherpersonal property used in connection with the possession, production,distribution, publication, sale, possession with intent to distribute ormaking of child pornography that constitutes a violation of § 18.2-374.1 or18.2-374.1:1, or in connection with the solicitation of a person less than 18years of age that constitutes a violation of § 18.2-374.3 shall be subject tolawful seizure by a law-enforcement officer and shall be subject toforfeiture to the Commonwealth pursuant to Chapter 22 (§ 19.2-369 et seq.) ofthis title by order of the court in which a conviction under § 18.2-374.1,18.2-374.1:1, or 18.2-374.3 is obtained. Notwithstanding the provisions of §19.2-381, the court shall dispose of the forfeited property as it deemsproper, including awarding the property to the agency seizing such propertyor to a state agency for lawful purposes. If the property is disposed of bysale, the court shall provide that the proceeds be paid into the LiteraryFund.

A forfeiture under this section shall not extinguish the rights of any personwithout knowledge of the illegal use of the property who (i) is the lawfulowner or (ii) has a valid and perfected lien on the property.

(1986, c. 596, § 18.2-374.2; 1999, c. 659; 2004, c. 995; 2007, cc. 134, 386.)