§ 19-261. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Harmful to juveniles means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

(1)

Predominantly appeals to the prurient, shameful or morbid interest of juveniles;

(2)

Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles; and

(3)

Is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.

Juvenile means a person less than 18 years of age.

Knowingly means having general knowledge of or reason to know or a belief or grounds for belief which warrants further inspection or inquiry of both the character and content of any material described in this division which is reasonably susceptible of examination by the defendant, and the age of the juvenile; provided, however, that an honest mistake shall constitute an excuse from liability under this division if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile.

Nudity means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered or uncovered male genitals in a discernibly turgid state.

Sadomasochistic abuse means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

Sexual conduct means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such is female, breast.

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

Video or computer game means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, television gaming system, console, or other technology.

(Code 1993, § 20-116; Code 2004, § 66-276)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar provisions, Code of Virginia, § 18.2-390.

(Code 1993, § 20-116; Code 2004, § 66-276)

State law reference

Similar provisions, Code of Virginia, § 18.2-390.

Cross reference

Definitions generally, § 1-2.