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 C 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.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 8 - Crimes Involving Morals and Decency
§ 18.2-326. Penalty for illegal gambling
§ 18.2-327. Winning by fraud; penalty
§ 18.2-328. Conducting illegal gambling operation; penalties
§ 18.2-329. Owners, etc., of gambling place permitting its continuance; penalty
§ 18.2-330. Accessories to gambling activity; penalty
§ 18.2-331. Illegal possession, etc., of gambling device; penalty
§ 18.2-331.1. Operation of gambling devices at unregulated locations; civil penalty
§ 18.2-332. Certain acts not deemed "consideration" in prosecution under this article
§ 18.2-333. Exceptions to article; certain sporting events
§ 18.2-334. Exception to article; private residences
§ 18.2-334.1. Defeated at referendum
§ 18.2-334.3. Exemptions to article; state lottery; sports betting
§ 18.2-334.4. Exemptions to article; pari-mutuel wagering
§ 18.2-334.5. Exemptions to article; certain gaming operations
§ 18.2-334.6. Exemptions to article; certain skill games offered at family entertainment centers
§ 18.2-337. Immunity of witnesses from prosecution
§ 18.2-338. Enforcement of § 18.2-331 by Governor and Attorney General
§ 18.2-339. Enjoining offenses relating to gambling
§ 18.2-340. County ordinances prohibiting illegal gambling
§ 18.2-340.15. State control of charitable gaming
§ 18.2-340.18. Powers and duties of the Department
§ 18.2-340.19. Regulations of the Department
§ 18.2-340.20. Denial, suspension, or revocation of permit; hearings and appeals
§ 18.2-340.22. Permitted forms of gaming; prizes not gaming contracts
§ 18.2-340.23. Organizations exempt from certain fees and reports
§ 18.2-340.24. Eligibility for permit; exceptions; where valid
§ 18.2-340.25. Permit required; application fee; form of application
§ 18.2-340.25:1. Authorization to conduct electronic gaming required; fee
§ 18.2-340.26. Sale of raffle tickets; drawings
§ 18.2-340.26:1. Sale of instant bingo, pull tabs, or seal cards
§ 18.2-340.26:2. Sale of instant bingo, pull tabs, or seal cards by certain booster clubs
§ 18.2-340.26:3. Electronic gaming; penalty
§ 18.2-340.27. Conduct of bingo games
§ 18.2-340.28. Conduct of instant bingo, network bingo, pull tabs, and seal cards
§ 18.2-340.28:1. Conduct of network bingo
§ 18.2-340.29. Joint operation of bingo games; written reports; joint permit required
§ 18.2-340.33. Prohibited practices
§ 18.2-340.35. Assistance from Department of State Police
§ 18.2-340.36. Suspension of permit
§ 18.2-340.36:1. Civil penalty
§ 18.2-340.37. Criminal penalties
§ 18.2-346. Prostitution; commercial sexual conduct; penalties
§ 18.2-346.01. Prostitution; solicitation; commercial exploitation of a minor; penalties
§ 18.2-347. Keeping, residing in, or frequenting a bawdy place; "bawdy place" defined; penalty
§ 18.2-348. Aiding prostitution or illicit sexual intercourse, etc.; penalty
§ 18.2-348.1. Promoting travel for prostitution; penalty
§ 18.2-349. Using vehicles to promote prostitution or unlawful sexual intercourse; penalty
§ 18.2-350. Confinement of convicted prostitutes and persons violating §§ 18.2-347 through 18.2-349
§ 18.2-356. Receiving money for procuring person; penalties
§ 18.2-357. Receiving money from earnings of male or female prostitute; penalties
§ 18.2-357.1. Commercial sex trafficking; penalties
§ 18.2-360. Competency of persons to testify in prosecutions under §§ 18.2-355 through 18.2-361
§ 18.2-361. Crimes against nature; penalty
§ 18.2-361.01. Sexual abuse of animals; penalties
§ 18.2-361.1. Victims of sex trafficking; affirmative defense
§ 18.2-362. Person marrying when spouse is living; penalty; venue
§ 18.2-363. Leaving Commonwealth to evade law against bigamy
§ 18.2-364. Exceptions to §§ 18.2-362 and 18.2-363
§ 18.2-365. Adultery defined; penalty
§ 18.2-366. Sexual intercourse by persons forbidden to marry; incest; penalties
§ 18.2-368. Placing or leaving spouse for prostitution; penalty
§ 18.2-369. Abuse and neglect of vulnerable adults; penalties
§ 18.2-370. Taking indecent liberties with children; penalties
§ 18.2-370.01. Indecent liberties by children; penalty
§ 18.2-370.2. Sex offenses prohibiting proximity to children; penalty
§ 18.2-370.3. Sex offenses prohibiting residing in proximity to children; penalty
§ 18.2-370.4. Sex offenses prohibiting working on school property; penalty
§ 18.2-370.5. Offenses prohibiting entry onto school or other property; penalty
§ 18.2-370.6. Penetration of mouth of child with lascivious intent; penalty
§ 18.2-371.1. Abuse and neglect of children; penalty; abandoned infant
§ 18.2-371.3. Tattooing or body piercing of minors
§ 18.2-371.4. Prohibiting the sale of novelty lighters to juveniles
§ 18.2-373. Obscene items enumerated
§ 18.2-374. Production, publication, sale, possession, etc., of obscene items
§ 18.2-374.3. Use of communications systems to facilitate certain offenses involving children
§ 18.2-375. Obscene exhibitions and performances
§ 18.2-376. Advertising, etc., obscene items, exhibitions or performances
§ 18.2-376.1. Enhanced penalties for using a computer in certain violations
§ 18.2-377. Placards, posters, bills, etc.
§ 18.2-378. Coercing acceptance of obscene articles or publications
§ 18.2-379. Employing or permitting minor to assist in offense under article
§ 18.2-380. Punishment for first offense
§ 18.2-381. Punishment for subsequent offenses; additional penalty for owner
§ 18.2-382. Photographs, slides and motion pictures
§ 18.2-383. Exceptions to application of article
§ 18.2-384. Proceeding against book alleged to be obscene
§ 18.2-385. Section 18.2-384 applicable to motion picture films
§ 18.2-386. Showing previews of certain motion pictures
§ 18.2-386.1. Unlawful creation of image of another; penalty
§ 18.2-386.2. Unlawful dissemination or sale of images of another; penalty
§ 18.2-387.1. Obscene sexual display; penalty
§ 18.2-391. Unlawful acts; penalties
§ 18.2-391.1. Exceptions to application of article
§ 18.2-403.1. Offenses involving animals - Class 1 misdemeanors
§ 18.2-403.2. Offenses involving animals - Class 3 misdemeanors
§ 18.2-403.3. Offenses involving animals - Class 4 misdemeanors