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Virginia General Assembly· SB 778Acts of Assembly Chapter 348

Display of obscene material to a minor unlawful; penalty., the official text

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CHAPTER 348
An Act to amend and reenact § 18.2-374.4 of the Code of Virginia, relating to display of obscene material to a minor unlawful; penalty.
[S 778]
Approved April 6, 2026

Be it enacted by the General Assembly of Virginia:
1. That § 18.2-374.4 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-374.4. Display of obscene material, child pornography, or grooming video or materials to a child unlawful; penalty.
A. Any person 18 years of age or older who displays any obscene item or material, including child pornography or a grooming video or materials to a child [under] younger than 13 years of age with [the] lascivious intent to entice, solicit, or encourage the child to engage in the touching or fondling of [the] his own sexual or genital parts, the touching or fondling of the sexual or genital parts of another, or the touching or fondling of his sexual or genital parts by another, or masturbation, sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, or object sexual penetration is guilty of a Class 6 felony.
B. ["Grooming] For purposes of this section:
"Grooming video or materials" means a cartoon, animation, video, photograph, image, or series of images depicting [a] [child] any person (i) totally nude; (ii) in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast; or (iii) not exposed but the material is obscene and such person is engaged in the touching or fondling of the sexual or genital parts of another [or], the touching or fondling of his sexual or genital parts by another, masturbation, sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, or object sexual penetration.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 725 of the Acts of Assembly of 2025 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
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