HB274 • 2026

Children; seizure, etc., of property used in connection with exploitation and solicitation.

<p class=ldtitle>A BILL to amend and reenact § 19.2-386.31 of the Code of Virginia, relating to seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children.</p>

Children

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Walker
Last action: 2026-01-28
Official status: Incorporated
Effective date: Not listed

Plain English Breakdown

The official source material does not specify what happens if an address is unknown or invalid.

Children's Protection: Seizure and Destruction of Exploitation-Related Property

This law requires courts to order the destruction of equipment and property used in child exploitation or solicitation, with specific rules for notification and preservation during legal proceedings.

What This Bill Does

Orders the court to destroy all audio and visual equipment, electronic devices, and other personal items used in connection with child pornography or soliciting minors under 18 years old.
Requires law enforcement agencies to provide detailed information about seized property to the court.
Prohibits destruction of evidence until all appeals are finished.
Mandates that law enforcement notify accused individuals or their attorneys at least seven days before destroying seized items.

Who It Names or Affects

People involved in child exploitation and solicitation cases
Law enforcement agencies handling such cases

Terms To Know

Forfeiture: The legal process where property is taken by the government because it was used in illegal activities.
Appeal: A request to a higher court for review of a lower court's decision.

Limits and Unknowns

Does not specify what happens if an address is unknown or invalid.
The law does not cover property that is evidence in ongoing trials until all appeals are finished.
It only applies to cases involving child exploitation and solicitation, not other types of crimes.

Bill History

2026-01-28 Courts of Justice
Incorporated by Courts of Justice (HB148-Williams) (Voice Vote)
2026-01-28 Courts of Justice
Incorporated by Courts of Justice (HB148-Williams) (Voice Vote)
2026-01-26 Criminal
Subcommittee recommends incorporating (9-Y 0-N)
2026-01-23 Criminal
Assigned HCJ sub: Criminal
2026-01-09 House
Prefiled and ordered printed; Offered 01-14-2026 26102041D
2026-01-09 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children.
Requires the court to order the destruction of all audio and visual equipment, electronic equipment, devices, and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute, or making of child pornography, or in connection with the solicitation of a person less than 18 years of age, in violation of current law. The bill also (i) requires certain information to be provided by the law-enforcement agency responsible for the destruction, (ii) prohibits destruction of such items to be used in a criminal prosecution until all rights of appeal have been exhausted, and (iii) requires the law-enforcement agency to provide notice, by first-class mail, to the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
19.2-386.31
of the Code of Virginia, relating to seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children.

Be it enacted by the General Assembly of Virginia:

1. That §
19.2-386.31
of the Code of Virginia is amended and reenacted as follows:

§
19.2-386.31
. Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children.

A.
All audio and visual equipment, electronic equipment, devices
,
and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute
,
or making of child pornography that constitutes a violation of §
18.2-374.1
or
18.2-374.1:1
, or in connection with the solicitation of a person less than 18 years of age that constitutes a violation of §
18.2-374.3
shall be subject to lawful seizure by a law-enforcement officer and shall be subject to forfeiture to the Commonwealth pursuant to Chapter 22.1 (§
19.2-386.1
et seq.). The Commonwealth shall file an information and notice of seizure in accordance with the procedures in Chapter 22.1 (§
19.2-386.1
et seq.).

B.
The court shall
order the destruction of all such equipment, devices, and other personal property
, which order shall state
(i)
the existence and nature of such equipment, devices, and other personal property
;

(ii)
the quantity thereof
;

(iii)
the location seized
;

(iv)
the person from whom
such equipment, devices, and other personal property was seized, if known
;
and (v) the manner whereby such equipment, devices, and other personal property shall be destroyed.
A return under oath, reporting the time, place, and manner of destruction shall be made to the court by the officer to whom the order is directed. A copy of the order and affidavit shall be made a part of the record of any criminal prosecution in which
such equipment, devices, and other personal property
was used as evidence and shall, thereafter, be prima facie evidence of its contents. In the event a law-enforcement agency recovers, seizes, finds, is given
,
or otherwise comes into possession of any
equipment, devices, or other personal property
that are not evidence in a trial in the Commonwealth, the chief law-enforcement officer of the agency or his designee may, with the written consent of the appropriate attorney for the Commonwealth, order destruction of same
,
provided that a statement under oath, reporting a description of the
equipment, devices, or
other
personal property
destroyed and the time, place
,
and manner of destruction, is made to the chief law-enforcement officer by the officer to whom the order is directed.

C. No such
equipment, devices, or
other
personal property
used or
intended
to be used in a criminal prosecution under
§
18.2-374.1
,
18.2-374.1:1
,
or
18.2-374.3
shall be disposed of as provided by this section until all rights of appeal have been exhausted
.

D. Prior to any destruction under this section, the law-enforcement agency shall also notify the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur.
Such notice
shall be by first-class mail to the last known address of the person required to be notified.