18.2-391 - Unlawful acts; penalties. - Virginia Statutes

§ 18.2-391. Unlawful acts; penalties.

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 toknowingly display for commercial purpose in a manner whereby juveniles mayexamine and peruse:

1. Any picture, photography, drawing, sculpture, motion picture in any formator medium, video or computer game, electronic file or message containing animage, or similar visual representation or image of a person or portion ofthe human body which depicts sexually explicit nudity, sexual conduct orsadomasochistic 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 whichcontains any matter enumerated in subdivision 1 of this subsection, orexplicit and detailed verbal descriptions or narrative accounts of sexualexcitement, sexual conduct or sadomasochistic abuse and which, taken as awhole, is harmful to juveniles.

However, if a person uses services of an Internet service provider or anelectronic mail service provider in committing acts prohibited under thissubsection, such Internet service provider or electronic mail serviceprovider shall not be held responsible for violating this subsection.

B. It shall be unlawful for any person knowingly to sell to a juvenile anadmission ticket or pass, or knowingly to admit a juvenile to premiseswhereon there is exhibited a motion picture, show or other presentationwhich, in whole or in part, depicts sexually explicit nudity, sexual conductor sadomasochistic abuse and which is harmful to juveniles or to exhibit anysuch motion picture at any such premises which are not designed to preventviewing from any public way of such motion picture by juveniles not admittedto any such premises.

C. It shall be unlawful for any juvenile falsely to represent to any personmentioned in subsection A or subsection B hereof, or to his agent, that suchjuvenile is 18 years of age or older, with the intent to procure any materialset forth in subsection A, or with the intent to procure such juvenile'sadmission to any motion picture, show or other presentation, as set forth insubsection B.

D. It shall be unlawful for any person knowingly to make a falserepresentation to any person mentioned in subsection A or subsection B hereofor to his agent, that he is the parent or guardian of any juvenile, or thatany juvenile is 18 years of age, with the intent to procure any material setforth in subsection A, or with the intent to procure such juvenile'sadmission to any motion picture, show or other presentation, as set forth insubsection B.

E. No person shall sell, rent, or loan any item described in subdivision A 1or A 2 to any individual who does not demonstrate his age in accordance withthe 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 personor separate retail establishment who violates subsection E shall be liablefor a civil penalty not to exceed $100 for a first violation, a civil penaltynot 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.)