Virginia Code 18.2-429.1: False caller identification information; penalty.
A. For the purposes of this section:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 6 months | up to $1,000 |
| Class 3 misdemeanor | up to $500 |
Terms Used In Virginia Code 18.2-429.1
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
“Caller identification information” means data that identifies the identity of the caller or the caller’s telephone number to the recipient of a telephone call or to the recipient’s telephone network.
“False caller identification information” means data that misrepresents the identity of the caller or the caller’s telephone number to the recipient of a telephone call or to the recipient’s telephone network.
B. Any person who, with the intent to defraud, intimidate, or harass, causes a telephone to ring and engages in conduct that results in the display of false caller identification information on the called party’s telephone is guilty of a Class 3 misdemeanor. A second or subsequent conviction under this subsection is punishable as a Class 2 misdemeanor if the prior conviction occurred before the date of the offense charged.
C. This section shall not apply to:
1. The blocking of caller identification information;
2. Any law-enforcement agencies or any law-enforcement officer while he is engaged in the performance of his official duties;
3. Any intelligence or security agency of the federal government or any employee of such agency while he is engaged in the performance of his official duties; or
4. Any telecommunications, broadband, or Voice-over-Internet protocol service provider that is (i) acting in its capacity as an intermediary for the transmission of telephone service between the caller and the recipient, (ii) providing or configuring a service or service feature as requested by a customer, (iii) acting in a manner that is authorized or required by law, or (iv) engaging in other conduct that is a necessary incident to the provision of service.
2019, c. 476.