As used in this article:
(1) "Juvenile" means a person less than 18 years of age.
(2) "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, or 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.
(3) "Sexual conduct" means actual or explicitly simulated acts of masturbation, 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 be female, breast.
(4) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(5) "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.
(6) "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 (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.
(7) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) the age of the juvenile, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile.
(8) "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 1950, § 18.1-236.6; 1970, c. 560; 1975, cc. 14, 15, 492; 1976, c. 504; 2006, c. 463; 2023, c. 811.
Notes of Decisions
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988).
· cites it 18× “to perform in or be the subject of sexually explicit visual material which contained a lewd exhibition of nudity.”
Commonwealth v. Am. Booksellers Ass'n, 372 S.E.2d 618 (Va. 1988).
· cites it 14× “Does the phrase “harmful to juveniles” as used in Virginia Code §§ 18.2-390 and 18.2-391 (1982 and Supp.”
Dustin Allen Ele, Sr. v. Commonwealth of Virginia, 829 S.E.2d 564 (Va. Ct. App. 2019).
· cites it 12× “398, 415-16 (2015) (noting that the definition of sexual conduct in Code § 18.2-390 refers to “clothed or unclothed genitals” and therefore sexually explicit visual materials do not require nudity or exposure).”
PSINet, Inc. v. Chapman, 167 F. Supp. 2d 878 (W.D. Va. 2001).
· cites it 9× “2-391 are contained in § 18.2-390. The Virginia Code Annotated, § 18.”
Boyd v. Cnty. of Henrico, 592 S.E.2d 768 (Va. Ct. App. 2004).
· cites it 4× “Code § 18.2-390(2) (using identical language to define nudity).”
Hart v. Commonwealth, 441 S.E.2d 706 (Va. Ct. App. 1994).
· cites it 8× “" Similarly, Code § 18.2-390, which restricts the sale and loan of certain items to juveniles, defines "nudity" as "a state of undress so as to expose the human .”
Dietz v. Commonwealth, 804 S.E.2d 309 (Va. 2017).
· cites it 2× “3 With regard to the picture of her *313 partially exposed breasts, in which her nipples were covered by her arm, she argued that the picture was not proscribed under subsection (A)(1) because it did not constitute nudity as defined in Code § 18.2-390 (defining "nudity" to mean,…”
Frantz v. Commonwealth, 388 S.E.2d 273 (Va. Ct. App. 1990).
· cites it 10× “1(A) defines *276 "sexually explicit visual material" for purposes of both statutes as "a picture, photograph, drawing, sculpture, motion picture film or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in §…”
Moyer v. Commonwealth, 531 S.E.2d 580 (Va. Ct. App. 2000).
· cites it 4× “" Further, as the trial court observed in this case, in Code § 18.2-390, which defines terms used in the article proscribing the sale or loan of certain items to juveniles, " sexual conduct" includes certain "actual or .”
PSINet, Inc. v. Chapman, 108 F. Supp. 2d 611 (W.D. Va. 2000).
· cites it 9× “2-391 are contained in § 18.2-390. The Virginia Code Annotated, § 18.”
— Va. Code Ann. § 18.2-390(2) — 15 cases
Boyd v. Cnty. of Henrico, 592 S.E.2d 768 (Va. Ct. App. 2004).
“Code § 18.2-390(2) (using identical language to define nudity).”
Foster v. Commonwealth, 369 S.E.2d 688 (Va. Ct. App. 1988).
“to perform in or be the subject of sexually explicit visual material which contained a lewd exhibition of nudity.”
Dustin Allen Ele, Sr. v. Commonwealth of Virginia, 829 S.E.2d 564 (Va. Ct. App. 2019).
“398, 415-16 (2015) (noting that the definition of sexual conduct in Code § 18.2-390 refers to “clothed or unclothed genitals” and therefore sexually explicit visual materials do not require nudity or exposure).”
Hart v. Commonwealth, 441 S.E.2d 706 (Va. Ct. App. 1994).
“" Similarly, Code § 18.2-390, which restricts the sale and loan of certain items to juveniles, defines "nudity" as "a state of undress so as to expose the human .”
Frantz v. Commonwealth, 388 S.E.2d 273 (Va. Ct. App. 1990).
“1(A) defines *276 "sexually explicit visual material" for purposes of both statutes as "a picture, photograph, drawing, sculpture, motion picture film or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in §…”
— Va. Code Ann. § 18.2-390(3) — 4 cases
Dustin Allen Ele, Sr. v. Commonwealth of Virginia, 829 S.E.2d 564 (Va. Ct. App. 2019).
“398, 415-16 (2015) (noting that the definition of sexual conduct in Code § 18.2-390 refers to “clothed or unclothed genitals” and therefore sexually explicit visual materials do not require nudity or exposure).”
— Va. Code Ann. § 18.2-390(4) — 2 cases
Dustin Allen Ele, Sr. v. Commonwealth of Virginia, 829 S.E.2d 564 (Va. Ct. App. 2019).
“398, 415-16 (2015) (noting that the definition of sexual conduct in Code § 18.2-390 refers to “clothed or unclothed genitals” and therefore sexually explicit visual materials do not require nudity or exposure).”
— Va. Code Ann. § 18.2-390(6) — 4 cases
PSINet, Inc. v. Chapman, 167 F. Supp. 2d 878 (W.D. Va. 2001).
“2-391 are contained in § 18.2-390. The Virginia Code Annotated, § 18.”
PSINet, Inc. v. Chapman, 108 F. Supp. 2d 611 (W.D. Va. 2000).
“2-391 are contained in § 18.2-390. The Virginia Code Annotated, § 18.”
— Va. Code Ann. § 18.2-390(6)(c) — 1 case
— Va. Code Ann. § 18.2-390(7) — 3 cases
PSINet, Inc. v. Chapman, 167 F. Supp. 2d 878 (W.D. Va. 2001).
“2-391 are contained in § 18.2-390. The Virginia Code Annotated, § 18.”
PSINet, Inc. v. Chapman, 108 F. Supp. 2d 611 (W.D. Va. 2000).
“2-391 are contained in § 18.2-390. The Virginia Code Annotated, § 18.”
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