(A) Obscene means that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex; that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political, or scientific value.
(B) Obscene items shall include:
(1) Any obscene book;
(2) Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker, drawing, photograph, film, negative, slide, motion picture, videotape recording; or
(3) Any obscene figure, object, article, instrument, novelty device, or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words, or sounds.
(C) It shall be unlawful for any person knowingly to:
(1) Prepare any obscene item for the purposes of sale or distribution;
(2) Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution;
(3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or
(4) Have in his or her possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item shall be deemed prima facie evidence of a violation of this division (C). For the purposes of this division (C), DISTRIBUTE means delivery in person, by mail, messenger, or by any other means by which obscene items may pass from one person to another.
(D) It shall be unlawful for any person knowingly to expose, place, display, post up, exhibit, paint, print, or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed, or marked, in or on any building, structure, billboard, wall, or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing, or picture that is obscene, or that advertises or promotes any obscene item proscribed in division (B) above or any obscene exhibition or performance, or knowingly to permit any of these items to be displayed on property belonging to or controlled by him or her.
(E) It shall be unlawful for any person knowingly to hire, employ, use, or permit any minor to do or assist in doing any act or thing constituting an offense under this section.
(1998 Code, § 38-160) Penalty, see § 134.99
Statutory reference:
Similar provisions, see VA Code §§ 18.2-372, 18.2-373, 18.2-374, 18.2-377, 18.2-379, and 18.2-380