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 subdivision 1 of this subsection, 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 subsection B hereof, or to his agent, that such juvenile is 18 years of age or older, with the intent to procure any material set forth in subsection A, or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in subsection B.
D. It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection A or subsection B hereof or to his agent, that he 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, or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in subsection B.
E. No person shall sell, rent, or loan any item described in subdivision A 1 or A 2 to any individual who does not demonstrate his age in accordance with the provisions of subsection B of § 18.2-371.2.
F. A violation of subsection A, B, C, or D is a Class 1 misdemeanor. A person or separate retail establishment who violates subsection E shall be liable for a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.
Code 1950, § 18.1-236.7; 1970, c. 560; 1972, c. 421; 1975, cc. 14, 15; 1976, c. 504; 1985, c. 506; 1987, c. 356; 1999, c. 936; 2000, c. 1009; 2001, c. 451; 2006, c. 463.
Notes of Decisions
PSINet, Inc. v. Chapman, 167 F. Supp. 2d 878 (W.D. Va. 2001).
· cites it 43× “Va.Code Ann. § 18.2-391 (Michie Supp. 1999) (amended 2000) (emphasis added).”
PSINet, Inc. v. Chapman, 108 F. Supp. 2d 611 (W.D. Va. 2000).
· cites it 36× “Plaintiffs all fear that their online speech could be considered “harmful to juveniles” in some communities under the statute in question, Va.Code Ann. § 18.2-391 (Michie Supp.1999) (amended 2000), even though that speech may receive full constitutional protection as to adults.”
PSINet, Inc. v. Chapman, 362 F.3d 227 (4th Cir. 2004).
· cites it 14× “Va. Code Ann. § 18.2-391 (Michie Supp. 1999) (amended 2000).”
Commonwealth v. Am. Booksellers Ass'n, 372 S.E.2d 618 (Va. 1988).
· cites it 8× “We here construe the 1985 amendment to Code § 18.2-391, which makes it a misdemeanor knowingly to display material “harmful to juveniles” in a manner whereby juveniles may examine and peruse it.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Va. Code § 18.2-391 (1988) Wash. Wash. Rev.”
Am. Booksellers Ass'n v. Strobel, 617 F. Supp. 699 (E.D. Va. 1985).
· cites it 4× “Plaintiffs challenge the constitutionality of the 1985 Amendment to § 18.2-391 of the Code of Virginia. The relevant statutes are set out below, and the challenged portion (hereafter “the amendment”) is highlighted: § 18.”
Seegars, Sandra v. Ashcroft, John, 396 F.3d 1248 (D.C. Cir. 2005).
“” ' Va. Code § 18.2-391(a) (Supp.1987). The Commonwealth of Virginia argued that plaintiffs lacked standing, because they had not yet been prosecuted under the Act.”
Cnty. of Santa Clara v. Trump, 250 F. Supp. 3d 497 (N.D. Cal. 2017).
“The booksellers challenged the statute on First Amendment grounds and alleged that they had standing because they had identified 16 books that they intended to display and that they believed would be covered by the statute.”
Shipley, Inc. v. Long, 195 S.W.3d 911 (Ark. 2004).
· cites it 2× “See Va.Code Ann. § 18.2-391 (1985). The Virginia statute was initially found to be unconstitutional in federal court.”
Am. Booksellers v. James Webb, 919 F.2d 1493 (11th Cir. 1990).
“As we understand their use of this phrase, appellants suggest that material "harmful to minors” could be displayed openly if the store had in place adequate signs and/or a surveillance policy insuring that the adults-only area and its contents were not accessible to minors.”
— Va. Code Ann. § 18.2-391(a) — 7 cases
Commonwealth v. Am. Booksellers Ass'n, 372 S.E.2d 618 (Va. 1988).
“We here construe the 1985 amendment to Code § 18.2-391, which makes it a misdemeanor knowingly to display material “harmful to juveniles” in a manner whereby juveniles may examine and peruse it.”
Seegars, Sandra v. Ashcroft, John, 396 F.3d 1248 (D.C. Cir. 2005).
“” ' Va. Code § 18.2-391(a) (Supp.1987). The Commonwealth of Virginia argued that plaintiffs lacked standing, because they had not yet been prosecuted under the Act.”
Cnty. of Santa Clara v. Trump, 250 F. Supp. 3d 497 (N.D. Cal. 2017).
“The booksellers challenged the statute on First Amendment grounds and alleged that they had standing because they had identified 16 books that they intended to display and that they believed would be covered by the statute.”
Am. Booksellers v. James Webb, 919 F.2d 1493 (11th Cir. 1990).
“As we understand their use of this phrase, appellants suggest that material "harmful to minors” could be displayed openly if the store had in place adequate signs and/or a surveillance policy insuring that the adults-only area and its contents were not accessible to minors.”
— Va. Code Ann. § 18.2-391(a)(1) — 1 case
— Va. Code Ann. § 18.2-391(a)(l) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.