A. In addition to any criminal penalties for violations of this article and except for civil penalties otherwise provided in this article, a first violation of any provision of this article shall be punishable by a civil penalty of no more than $1,000. A second or subsequent violation of any provision of this article shall be punishable by a civil penalty of no more than $10,000.
B. Any prospective consumer who knowingly submits a false certification under subdivision A 1 of § 18.2-246.8 shall be subject to a civil penalty of no more than $5,000 for each such offense.
C. Any person failing to collect or remit to the Board or the Department of Taxation any tax required in connection with a delivery sale shall be assessed, in addition to any other applicable penalty, a civil penalty of no more than five times the retail value of the cigarettes involved.
D. Any civil penalty collected under this article shall be paid to the general fund.
E. Any person who fails to file the statement required by subsection A of § 18.2-246.11 and thereafter makes a delivery sale is guilty of a Class 1 misdemeanor and for any second or subsequent offense is guilty of a violation of § 18.2-498.3.
F. Any person who knowingly and with the intent to defraud, mislead, or deceive makes a statement filed as required by subsection A of § 18.2-246.11 which is false is guilty of a violation of § 18.2-498.3. Each such filed statement containing one or more false statements shall constitute a separate offense.
G. Any person who fails to make the report required by subsection B of § 18.2-246.11 is guilty of a Class 1 misdemeanor and for any second or subsequent offense is guilty of a violation of § 18.2-498.3.
H. Any person who knowingly and with the intent to defraud, mislead, or deceive makes a materially false statement in any report required by subsection B of § 18.2-246.11 is guilty of a violation of § 18.2-498.3. Each such report containing one or more false statements constitutes a separate offense.
2003, c. 1010; 2004, c. 995; 2009, c. 847; 2013, c. 625.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 6 - Crimes Involving Fraud
§ 18.2-168. Forging public records, etc.
§ 18.2-169. Forging, or keeping an instrument for forging, a seal
§ 18.2-170. Forging coin or bank notes
§ 18.2-171. Making or having anything designed for forging any writing, etc.
§ 18.2-172. Forging, uttering, etc., other writings
§ 18.2-172.1. Falsifying or altering and fraudulently using transcripts or diplomas; penalty
§ 18.2-172.2. Maliciously affixing another's signature to writing; penalty
§ 18.2-173. Having in possession forged coin or bank notes
§ 18.2-174. Impersonating law-enforcement officer; penalty
§ 18.2-174.1. Impersonating certain public safety personnel; penalty
§ 18.2-177. Illegal use of insignia
§ 18.2-177.1. False representation of military status; penalty
§ 18.2-178. Obtaining money or signature, etc., by false pretense
§ 18.2-178.1. Financial exploitation of vulnerable adults; penalty
§ 18.2-178.2. Financial exploitation by an agent; penalty
§ 18.2-179. Unlawful operation of coin box telephone, parking meter, vending machine, etc.
§ 18.2-180. Manufacture, etc., of slugs, etc., for such unlawful use
§ 18.2-181. Issuing bad checks, etc., larceny
§ 18.2-181.1. Issuance of bad checks
§ 18.2-182.1. Issuing bad checks in payment of taxes
§ 18.2-184. Presumption as to notation attached to check, draft or order
§ 18.2-185. Evidence and presumptions in malicious prosecution actions after issuance of bad check
§ 18.2-186. False statements to obtain property or credit
§ 18.2-186.3. Identity theft; penalty; restitution; victim assistance
§ 18.2-186.3:1. Identity fraud; consumer reporting agencies; police reports
§ 18.2-186.4. Use of a person's identity with the intent to coerce, intimidate, or harass; penalty
§ 18.2-186.4:1. Internet publication of personal information of certain public officials
§ 18.2-186.6. Breach of personal information notification
§ 18.2-187.2. Audiovisual recording of motion pictures unlawful; penalty
§ 18.2-188. Defrauding hotels, motels, campgrounds, boardinghouses, etc.
§ 18.2-188.1. Defrauding person having a lien on an animal; penalty
§ 18.2-189. Defrauding keeper of motor vehicles or watercraft
§ 18.2-190. Fraudulent misrepresentation as to breed of bull or cattle
§ 18.2-190.3. Sale of an unlawful electronic communication device; penalty
§ 18.2-190.4. Manufacture of an unlawful electronic communication device; penalty
§ 18.2-190.5. Separate offenses; penalty
§ 18.2-190.8. Civil relief; damages
§ 18.2-193. Credit card forgery
§ 18.2-194. Unauthorized possession of two or more signed credit cards or credit card numbers
§ 18.2-195. Credit card fraud; conspiracy; penalties
§ 18.2-195.1. Credit card factoring
§ 18.2-195.2. Fraudulent application for credit card; penalties
§ 18.2-196. Criminal possession of credit card forgery devices
§ 18.2-196.1. Unlawful use of payment card scanning devices and re-encoders; penalty
§ 18.2-197. Criminally receiving goods and services fraudulently obtained
§ 18.2-198. Obtaining airline, railroad, steamship, etc., ticket at discount price
§ 18.2-199. Penalties for violation of article
§ 18.2-200. Failure to perform promise to deliver crop, etc., in return for advances
§ 18.2-200.1. Failure to perform promise for construction, etc., in return for advances
§ 18.2-201. Advances secured by fraudulent promise to perform agricultural labor
§ 18.2-204. False statement for the purpose of defrauding industrial sick benefit company
§ 18.2-204.1. Fraudulent use of birth certificates, etc.; penalty
§ 18.2-206. Procuring an animal, aircraft, vehicle or boat with intent to defraud
§ 18.2-207. Making false entry, etc., in marriage register, etc.
§ 18.2-208. Making false statement, etc., for marriage record, etc.
§ 18.2-209. False publications
§ 18.2-209.1. Penalties for false certificate or failure to give bond
§ 18.2-213. Simulation of warrants, processes, writs and notices
§ 18.2-213.2. Filing false lien or encumbrance against another
§ 18.2-214. Changing or removing, etc., trademarks, identification marks, etc.
§ 18.2-216. Untrue, deceptive or misleading advertising, inducements, writings or documents
§ 18.2-216.1. Unauthorized use of name or picture of any person; punishment
§ 18.2-218. Failure to indicate goods, etc., are "seconds," "irregulars," "secondhand," etc.
§ 18.2-220. Use of word "wholesale" or "wholesaler."
§ 18.2-221. Advertising new or used automobiles or trucks
§ 18.2-222. Misrepresentation as to source of merchandise; penalty
§ 18.2-223. "Going out of business" sales; permit required
§ 18.2-225. Misrepresentations as to agricultural products
§ 18.2-227. Same; sale from pump indicating other brand
§ 18.2-228. Same; imitating indicia of other brands
§ 18.2-229. Same; false trade name or mixing brands
§ 18.2-230. Same; assisting in violation of §§ 18.2-226 through 18.2-229
§ 18.2-231. Same; label required
§ 18.2-232. Same; punishment for violation of §§ 18.2-226 through 18.2-231
§ 18.2-233. Sale of goods marked "sterling" and "sterling silver."
§ 18.2-234. Sale of goods marked "coin" and "coin silver."
§ 18.2-235. Regulating sale of merchandise made of gold
§ 18.2-237. Buying, etc., certain secondhand materials; intent; possession
§ 18.2-238. Buying, etc., pig iron, etc., with intent to defraud; possession; evidence of intent
§ 18.2-239. Pyramid promotional schemes; misdemeanor; definitions; contracts void
§ 18.2-241. Acceptance of promissory notes in payment for food sold at retail
§ 18.2-242. Use of games, lotteries, etc., for promoting sale of certain products
§ 18.2-243. When issuer or distributor of advertisements not guilty of violation; inadvertent error
§ 18.2-244. Right to select clientele or customers not affected
§ 18.2-245. Enjoining violation of this article
§ 18.2-246. Penalty in general for violations
§ 18.2-246.3. Money laundering; penalties
§ 18.2-246.7. Requirements for delivery sales
§ 18.2-246.8. Age verification requirements
§ 18.2-246.9. Disclosure requirements
§ 18.2-246.10. Shipping requirements
§ 18.2-246.11. Registration and reporting requirements
§ 18.2-246.12. Collection of taxes
§ 18.2-246.13. Civil penalties; penalties
§ 18.2-246.14. Counterfeit cigarettes; penalty; civil penalty