§ 19-262. Unlawful acts.

(a)

It shall be unlawful for any person to sell, rent or loan to a juvenile, knowing or having reason to know that such person is a juvenile, or to knowingly display for commercial purpose in a manner whereby juveniles may examine and peruse:

(1)

Any picture, photography, drawing, sculpture, motion picture in any format or medium, video or computer game, electronic file or message containing an image, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles; or

(2)

Any book, pamphlet, magazine, printed matter however reproduced, electronic file or message containing words, or sound recording which contains any matter enumerated in Subsection (a)(1) of this section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles.

However, if a person uses services of an Internet service provider or an electronic mail service provider in committing acts prohibited under this subsection, such Internet service provider or electronic mail service provider shall not be held responsible for violating this subsection.

(b)

It shall be unlawful for any person knowingly to sell to a juvenile an admission ticket or pass or knowingly to admit a juvenile to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by juveniles not admitted to any such premises.

(c)

It shall be unlawful for any juvenile falsely to represent to any person mentioned in Subsection (a) or (b) of this section or to such person's agent that such juvenile is 18 years of age or older, with the intent to procure any material set forth in Subsection (a) of this section or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in Subsection (b) of this section.

(d)

It shall be unlawful for any person knowingly to make a false representation to any person mentioned in Subsection (a) or (b) of this section or to such person's agent that the person is the parent or guardian of any juvenile or that any juvenile is 18 years of age, with the intent to procure any material set forth in Subsection (a) of this section or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in Subsection (b) of this section.

(e)

No person shall sell, rent, or loan any item described in Subsection (a)(1) or (2) of this section to any individual who does not demonstrate such individual's age in accordance with Code of Virginia, § 18.2-371.2(C).

(f)

A violation of Subsection (a), (b), (c) or (d) of this section is a Class 1 misdemeanor. A person or separate retail establishment who violates Subsection (e) of this section shall be liable for a civil penalty not to exceed $100.00 for a first violation, a civil penalty not to exceed $200.00 for a second violation, and a civil penalty not to exceed $500.00 for a third or subsequent violation.

(Code 1993, § 20-117; Code 2004, § 66-277)

State Law reference— Similar provisions, Code of Virginia, § 18.2-391.

(Code 1993, § 20-117; Code 2004, § 66-277)

State law reference

Similar provisions, Code of Virginia, § 18.2-391.