§ 22-26. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Harmful to juveniles: That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:

(1)

Predominantly appeals to the prurient, shameful or morbid interest of juveniles;

(2)

Is patently offensive to prevailing standards in the adult community in the city as a whole with respect to what is suitable material for juveniles; and

(3)

Is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.

Juvenile: Any person less than eighteen (18) years of age.

Knowingly: Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both the character and content of any material described herein, which is reasonably susceptible of examination by the defendant, and 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.

Nudity: 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.

Sadomasochistic abuse: 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.

Sexual conduct: Actual or explicitly simulated acts of masturbation, homosexuality, 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 person be female, breast.

Sexual excitement: The condition of human male or female genitals when in a state of sexual stimulation or arousal.

(Code 1965, §§ 23-35.1, 23-36)

State Law reference— Similar provisions, Code of Virginia, § 18.2-390.

(Code 1965, §§ 23-35.1, 23-36)

State law reference

Similar provisions, Code of Virginia, § 18.2-390.