18.2-390 - Definitions.

§ 18.2-390. Definitions.

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 orfemale genitals, pubic area or buttocks with less than a full opaquecovering, or the showing of the female breast with less than a fully opaquecovering of any portion thereof below the top of the nipple, or the depictionof covered or uncovered male genitals in a discernibly turgid state.

(3) "Sexual conduct" means actual or explicitly simulated acts ofmasturbation, homosexuality, sexual intercourse, or physical contact in anact of apparent sexual stimulation or gratification with a person's clothedor unclothed genitals, pubic area, buttocks or, if such be female, breast.

(4) "Sexual excitement" means the condition of human male or femalegenitals when in a state of sexual stimulation or arousal.

(5) "Sadomasochistic abuse" means actual or explicitly simulatedflagellation or torture by or upon a person who is nude or clad inundergarments, 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 orrepresentation, in whatever form, of nudity, sexual conduct, sexualexcitement, or sadomasochistic abuse, when it (a) predominantly appeals tothe prurient, shameful or morbid interest of juveniles, (b) is patentlyoffensive to prevailing standards in the adult community as a whole withrespect to what is suitable material for juveniles, and (c) is, when taken asa whole, lacking in serious literary, artistic, political or scientific valuefor juveniles.

(7) "Knowingly" means having general knowledge of, or reason to know, or abelief or ground for belief which warrants further inspection or inquiry ofboth (a) the character and content of any material described herein which isreasonably susceptible of examination by the defendant, and (b) the age ofthe juvenile, provided however, that an honest mistake shall constitute anexcuse from liability hereunder if the defendant made a reasonable bona fideattempt to ascertain the true age of such juvenile.

(8) "Video or computer game" means an object or device that stores recordeddata or instructions, receives data or instructions generated by a person whouses it, and, by processing the data or instructions, creates an interactivegame capable of being played, viewed, or experienced on or through acomputer, 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.)