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.
2003, c. 1010; 2004, c. 995; 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