Virginia Code

Va. Code Ann. § 18.2-375 (2026)

Obscene exhibitions and performances

✓ current as of May 2026

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It shall be unlawful for any person knowingly to:

(1) Produce, promote, prepare, present, manage, direct, carry on or participate in, any obscene exhibitions or performances, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided, that no employee of any person or legal entity operating a theatre, garden, building, structure, room or place which presents such obscene exhibition or performance shall be subject to prosecution under this section if the employee is not the manager of the theatre or an officer of such entity, and has no financial interest in such theatre other than receiving salary and wages; or

(2) Own, lease or manage any theatre, garden, building, structure, room or place and lease, let, lend or permit such theatre, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to fail to post prominently therein the name and address of a person resident in the locality who is the manager of such theatre, garden, building, structure, room or place.

Code 1950, § 18.1-230; 1960, c. 233; 1971, Ex. Sess., c. 191; 1975, cc. 14, 15.

Notes of Decisions

Cited in 5 cases, 1982–2004 · leading case: Boyd v. Cnty. of Henrico, 592 S.E.2d 768 (Va. Ct. App. 2004).

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Boyd v. Cnty. of Henrico, 592 S.E.2d 768 (Va. Ct. App. 2004). · cites it 4× “See Code §§ 18.2-375, 18.2-387. "The mere fact that the state, in the exercise of the police power, has made certain regulations, does not prohibit a municipality from exacting additional requirements.”

Acevedo v. State, 633 S.W.2d 856 (Tex. Crim. App. 1982). “§ 76-10-1208 (2); Va.Code § 18.2-375 (general exemption for non-managers); Wash.”

Wall Distributors, Inc. v. City of Newport News, 323 S.E.2d 75 (Va. 1984). “Thus, the ordinance expressly includes a scienter element in a Section 27-3(a)(4) violation. See Price v.”

Donna Jean White v. Cnty. of Henrico (Va. Ct. App. 2004). · cites it 2× “We also reject appellants’ assertion that the Henrico public nudity ordinance, while an otherwise valid expression of the general police power, should be invalidated because it goes further than state laws proscribing obscenity and indecent exposure.”

Dianna Lee White v. Cnty. of Henrico (Va. Ct. App. 2004). · cites it 2× “We also reject appellants’ assertion that the Henrico public nudity ordinance, while an otherwise valid expression of the general police power, should be invalidated because it goes further than state laws proscribing obscenity and indecent exposure.”

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