Virginia Code 46.2-105.1: Unlawful procurement of certificate, license, or permit; unauthorized possession of examination or answers; unlawful distribution of false operator’s license; penalty
A. It shall be unlawful:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
| Class 2 misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Virginia Code 46.2-105.1
- Fraud: Intentional deception resulting in injury to another.
- 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
- Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
1. For any person to procure, or assist another to procure, through theft, fraud, or other illegal means, a certificate, license, or permit, from the Department;
2. For any person, other than an authorized agent of the Department, to procure or have in his possession or furnish to another person, prior to the beginning of an examination, any question intended to be used by the Department in conducting an examination;
3. For any person to receive or furnish to any person taking an examination, prior to or during an examination, any written or printed material purporting to be answers to questions intended to be used by the Department in conducting an examination;
4. For any person to communicate by any means to any person taking an examination, during an examination, any information purporting to be answers to questions intended to be used by the Department in conducting an examination;
5. For any person to attempt to procure, through theft, fraud or other illegal means, any questions intended to be used by the Department in conducting an examination, or the answers to the questions; or
6. To promise or offer any valuable or other consideration to a person having access to the questions or answers as an inducement to procure for delivery to the promisor, or any other person, a copy or copies of any questions or answers.
B. If an examination is divided into separate parts, each of the parts shall be deemed an examination for the purposes of this section.
C. Any violation of any provision of subsection A of this section shall be punishable as a Class 2 misdemeanor.
D. Any person or entity other than the Department that sells, gives, or distributes, or attempts to sell, give or distribute any document purporting to be a license to operate a motor vehicle in the Commonwealth is guilty of a Class 1 misdemeanor.
E. Nothing in this section or in any regulations of the Department shall be construed to prohibit (i) the possession, use, or provision of the Department’s driver license examination questions by or to any person for the purpose of administering a knowledge examination or (ii) the Department from making sample examination questions available to the public or the public from possessing sample examination questions.