{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-384.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-384.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-384.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-384.html"}],"law_id":66727,"edition_id":1,"section_id":66727,"structure_id":14633,"section_number":"18.2-384","catch_line":"Proceeding against book alleged to be obscene","history":"Code 1950, \u00a7 18.1-236.3; 1960, c. 233; 1975, cc. 14, 15; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nWhenever he has reasonable cause to believe that any person is engaged in the sale or commercial distribution of any obscene book, any citizen or the attorney for the Commonwealth of any county or city, or city attorney, in which the sale or commercial distribution of such book occurs may institute a proceeding in the circuit court in said city or county for adjudication of the obscenity of the book.B\n\nThe proceeding shall be instituted by filing with the court a petition:1\n\nDirected against the book by name or description;2\n\nAlleging the obscene nature of the book; and3\n\nListing the names and addresses, if known, of the author, publisher, and all other persons interested in its sale or commercial distribution.C\n\nUpon the filing of a petition pursuant to this article, the court in term or in vacation shall forthwith examine the book alleged to be obscene. If the court find no probable cause to believe the book obscene, the judge thereof shall dismiss the petition; but if the court find probable cause to believe the book obscene, the judge thereof shall issue an order to show cause why the book should not be adjudicated obscene.D\n\nThe order to show cause shall be:1\n\nDirected against the book by name or description;2\n\nPublished once a week for two successive weeks in a newspaper of general circulation within the county or city in which the proceeding is filed;3\n\nIf their names and addresses are known, served by registered mail upon the author, publisher, and all other persons interested in the sale or commercial distribution of the book; and4\n\nReturnable 21 days after its service by registered mail or the commencement of its publication, whichever is later.E\n\nWhen an order to show cause is issued pursuant to this article, and upon four days’ notice to be given to the persons and in the manner prescribed by the court, the court may issue a temporary restraining order against the sale or distribution of the book alleged to be obscene.F\n\nOn or before the return date specified in the order to show cause, the author, publisher, and any person interested in the sale or commercial distribution of the book may appear and file an answer. The court may by order permit any other person to appear and file an answer amicus curiae.G\n\nIf no one appears and files an answer on or before the return date specified in the order to show cause, the court, upon being satisfied that the book is obscene, shall order the clerk of court to enter judgment that the book is obscene, but the court in its discretion may except from its judgment a restricted category of persons to whom the book is not obscene.H\n\nIf an appearance is entered and an answer filed, the court shall order the proceeding set on the calendar for a prompt hearing. The court shall conduct the hearing in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury. At the hearing, the court shall receive evidence, including the testimony of experts, if such evidence be offered, pertaining to:1\n\nThe artistic, literary, medical, scientific, cultural and educational values, if any, of the book considered as a whole;2\n\nThe degree of public acceptance of the book, or books of similar character, within the county or city in which the proceeding is brought;3\n\nThe intent of the author and publisher of the book;4\n\nThe reputation of the author and publisher;5\n\nThe advertising, promotion, and other circumstances relating to the sale of the book;6\n\nThe nature of classes of persons, including scholars, scientists, and physicians, for whom the book may not have prurient appeal, and who may be subject to exception pursuant to subsection G.I\n\nIn making a decision on the obscenity of the book, the court shall consider, among other things, the evidence offered pursuant to subsection H, if any, and shall make a written determination upon every such consideration relied upon in the proceeding in his findings of fact and conclusions of law or in a memorandum accompanying them.J\n\nIf he finds the book not obscene, the court shall order the clerk of court to enter judgment accordingly. If he finds the book obscene, the court shall order the clerk of court to enter judgment that the book is obscene, but the court, in its discretion, may except from its judgment a restricted category of persons to whom the book is not obscene.K\n\nWhile a temporary restraining order made pursuant to subsection E is in effect, or after the entry of a judgment pursuant to subsection G, or after the entry of judgment pursuant to subsection J, any person who publishes, sells, rents, lends, transports in intrastate commerce, or commercially distributes or exhibits the book, or has the book in his possession with intent to publish, sell, rent, lend, transport in intrastate commerce, or commercially distribute or exhibit the book, is presumed to have knowledge that the book is obscene under §§ 18.2-372 through 18.2-378 of this article.L\n\nAny party to the proceeding, including the petitioner, may appeal from the judgment of the court to the Court of Appeals, as otherwise provided by law.M\n\nIt is expressly provided that the petition and proceeding authorized under this article, relating to books alleged to be obscene, shall be intended only to establish scienter in cases where the establishment of such scienter is thought to be useful or desirable by the petitioner; and the provisions of § 18.2-384 shall in nowise be construed to be a necessary prerequisite to the filing of criminal charges under this article.","order_by":null,"text":{"0":{"id":241972,"text":"Whenever he has reasonable cause to believe that any person is engaged in the sale or commercial distribution of any obscene book, any citizen or the attorney for the Commonwealth of any county or city, or city attorney, in which the sale or commercial distribution of such book occurs may institute a proceeding in the circuit court in said city or county for adjudication of the obscenity of the book.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241973,"text":"The proceeding shall be instituted by filing with the court a petition:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":241974,"text":"Directed against the book by name or description;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":241975,"text":"Alleging the obscene nature of the book; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":241976,"text":"Listing the names and addresses, if known, of the author, publisher, and all other persons interested in its sale or commercial distribution.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":241977,"text":"Upon the filing of a petition pursuant to this article, the court in term or in vacation shall forthwith examine the book alleged to be obscene. If the court find no probable cause to believe the book obscene, the judge thereof shall dismiss the petition; but if the court find probable cause to believe the book obscene, the judge thereof shall issue an order to show cause why the book should not be adjudicated obscene.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":241978,"text":"The order to show cause shall be:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"7":{"id":241979,"text":"Directed against the book by name or description;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":241980,"text":"Published once a week for two successive weeks in a newspaper of general circulation within the county or city in which the proceeding is filed;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"9":{"id":241981,"text":"If their names and addresses are known, served by registered mail upon the author, publisher, and all other persons interested in the sale or commercial distribution of the book; and","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"10":{"id":241982,"text":"Returnable 21 days after its service by registered mail or the commencement of its publication, whichever is later.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"11":{"id":241983,"text":"When an order to show cause is issued pursuant to this article, and upon four days’ notice to be given to the persons and in the manner prescribed by the court, the court may issue a temporary restraining order against the sale or distribution of the book alleged to be obscene.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4","next_prefix":"F"},"12":{"id":241984,"text":"On or before the return date specified in the order to show cause, the author, publisher, and any person interested in the sale or commercial distribution of the book may appear and file an answer. The court may by order permit any other person to appear and file an answer amicus curiae.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"13":{"id":241985,"text":"If no one appears and files an answer on or before the return date specified in the order to show cause, the court, upon being satisfied that the book is obscene, shall order the clerk of court to enter judgment that the book is obscene, but the court in its discretion may except from its judgment a restricted category of persons to whom the book is not obscene.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":241986,"text":"If an appearance is entered and an answer filed, the court shall order the proceeding set on the calendar for a prompt hearing. The court shall conduct the hearing in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury. At the hearing, the court shall receive evidence, including the testimony of experts, if such evidence be offered, pertaining to:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"15":{"id":241987,"text":"The artistic, literary, medical, scientific, cultural and educational values, if any, of the book considered as a whole;","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"16":{"id":241988,"text":"The degree of public acceptance of the book, or books of similar character, within the county or city in which the proceeding is brought;","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"17":{"id":241989,"text":"The intent of the author and publisher of the book;","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"18":{"id":241990,"text":"The reputation of the author and publisher;","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"H5"},"19":{"id":241991,"text":"The advertising, promotion, and other circumstances relating to the sale of the book;","type":"section","prefixes":["H","5"],"prefix":"5","entire_prefix":"H5","prefix_anchor":"H5","level":2,"prior_prefix":"H4","next_prefix":"H6"},"20":{"id":241992,"text":"The nature of classes of persons, including scholars, scientists, and physicians, for whom the book may not have prurient appeal, and who may be subject to exception pursuant to subsection G.","type":"section","prefixes":["H","6"],"prefix":"6","entire_prefix":"H6","prefix_anchor":"H6","level":2,"prior_prefix":"H5","next_prefix":"I"},"21":{"id":241993,"text":"In making a decision on the obscenity of the book, the court shall consider, among other things, the evidence offered pursuant to subsection H, if any, and shall make a written determination upon every such consideration relied upon in the proceeding in his findings of fact and conclusions of law or in a memorandum accompanying them.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H6","next_prefix":"J"},"22":{"id":241994,"text":"If he finds the book not obscene, the court shall order the clerk of court to enter judgment accordingly. If he finds the book obscene, the court shall order the clerk of court to enter judgment that the book is obscene, but the court, in its discretion, may except from its judgment a restricted category of persons to whom the book is not obscene.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"23":{"id":241995,"text":"While a temporary restraining order made pursuant to subsection E is in effect, or after the entry of a judgment pursuant to subsection G, or after the entry of judgment pursuant to subsection J, any person who publishes, sells, rents, lends, transports in intrastate commerce, or commercially distributes or exhibits the book, or has the book in his possession with intent to publish, sell, rent, lend, transport in intrastate commerce, or commercially distribute or exhibit the book, is presumed to have knowledge that the book is obscene under §§ 18.2-372 through 18.2-378 of this article.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"24":{"id":241996,"text":"Any party to the proceeding, including the petitioner, may appeal from the judgment of the court to the Court of Appeals, as otherwise provided by law.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"25":{"id":241997,"text":"It is expressly provided that the petition and proceeding authorized under this article, relating to books alleged to be obscene, shall be intended only to establish scienter in cases where the establishment of such scienter is thought to be useful or desirable by the petitioner; and the provisions of § 18.2-384 shall in nowise be construed to be a necessary prerequisite to the filing of criminal charges under this article.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":14633,"edition_id":1,"name":"Obscenity and Related Offenses","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":14022,"metadata":{},"date_created":"2026-06-26 03:49:00","date_modified":"2026-06-26 03:49:00","permalink":{"id":167843,"object_type":"structure","relational_id":14633,"identifier":"5","token":"18.2\/8\/5","url":"\/18.2\/8\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14022,"edition_id":1,"name":"Crimes Involving Morals and Decency","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167393,"object_type":"structure","relational_id":14022,"identifier":"8","token":"18.2\/8","url":"\/18.2\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81551,"structure_id":14633,"section_number":"18.2-372","catch_line":"\"Obscene\" defined","url":"\/18.2-372\/","token":"18.2\/8\/5\/18.2-372","metadata":false},{"id":86006,"structure_id":14633,"section_number":"18.2-373","catch_line":"Obscene items enumerated","url":"\/18.2-373\/","token":"18.2\/8\/5\/18.2-373","metadata":false},{"id":82506,"structure_id":14633,"section_number":"18.2-374","catch_line":"Production, publication, sale, possession, etc., of obscene items","url":"\/18.2-374\/","token":"18.2\/8\/5\/18.2-374","metadata":false},{"id":61326,"structure_id":14633,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","url":"\/18.2-374.1\/","token":"18.2\/8\/5\/18.2-374.1","metadata":false},{"id":63653,"structure_id":14633,"section_number":"18.2-374.1:1","catch_line":"Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty","url":"\/18.2-374.1_1\/","token":"18.2\/8\/5\/18.2-374.1_1","metadata":false},{"id":83319,"structure_id":14633,"section_number":"18.2-374.1:2","catch_line":"Repealed","url":"\/18.2-374.1_2\/","token":"18.2\/8\/5\/18.2-374.1_2","metadata":false},{"id":83624,"structure_id":14633,"section_number":"18.2-374.2","catch_line":"Repealed","url":"\/18.2-374.2\/","token":"18.2\/8\/5\/18.2-374.2","metadata":false},{"id":77778,"structure_id":14633,"section_number":"18.2-374.3","catch_line":"Use of communications systems to facilitate certain offenses involving children; penalties","url":"\/18.2-374.3\/","token":"18.2\/8\/5\/18.2-374.3","metadata":false},{"id":56184,"structure_id":14633,"section_number":"18.2-374.4","catch_line":"Display of child pornography or grooming video or materials to a child unlawful; penalty","url":"\/18.2-374.4\/","token":"18.2\/8\/5\/18.2-374.4","metadata":false},{"id":82785,"structure_id":14633,"section_number":"18.2-375","catch_line":"Obscene exhibitions and performances","url":"\/18.2-375\/","token":"18.2\/8\/5\/18.2-375","metadata":false},{"id":83162,"structure_id":14633,"section_number":"18.2-376","catch_line":"Advertising, etc., obscene items, exhibitions or performances","url":"\/18.2-376\/","token":"18.2\/8\/5\/18.2-376","metadata":false},{"id":67022,"structure_id":14633,"section_number":"18.2-376.1","catch_line":"Enhanced penalties for using a computer in certain violations","url":"\/18.2-376.1\/","token":"18.2\/8\/5\/18.2-376.1","metadata":false},{"id":59750,"structure_id":14633,"section_number":"18.2-377","catch_line":"Placards, posters, bills, etc","url":"\/18.2-377\/","token":"18.2\/8\/5\/18.2-377","metadata":false},{"id":84687,"structure_id":14633,"section_number":"18.2-378","catch_line":"Coercing acceptance of obscene articles or publications","url":"\/18.2-378\/","token":"18.2\/8\/5\/18.2-378","metadata":false},{"id":67563,"structure_id":14633,"section_number":"18.2-379","catch_line":"Employing or permitting minor to assist in offense under article","url":"\/18.2-379\/","token":"18.2\/8\/5\/18.2-379","metadata":false},{"id":81187,"structure_id":14633,"section_number":"18.2-380","catch_line":"Punishment for first offense","url":"\/18.2-380\/","token":"18.2\/8\/5\/18.2-380","metadata":false},{"id":64773,"structure_id":14633,"section_number":"18.2-381","catch_line":"Punishment for subsequent offenses; additional penalty for owner","url":"\/18.2-381\/","token":"18.2\/8\/5\/18.2-381","metadata":false},{"id":72092,"structure_id":14633,"section_number":"18.2-382","catch_line":"Photographs, slides and motion pictures","url":"\/18.2-382\/","token":"18.2\/8\/5\/18.2-382","metadata":false},{"id":70160,"structure_id":14633,"section_number":"18.2-383","catch_line":"Exceptions to application of article","url":"\/18.2-383\/","token":"18.2\/8\/5\/18.2-383","metadata":false},{"id":66727,"structure_id":14633,"section_number":"18.2-384","catch_line":"Proceeding against book alleged to be obscene","url":"\/18.2-384\/","token":"18.2\/8\/5\/18.2-384","metadata":false},{"id":74201,"structure_id":14633,"section_number":"18.2-385","catch_line":"Section 18.2-384 applicable to motion picture films","url":"\/18.2-385\/","token":"18.2\/8\/5\/18.2-385","metadata":false},{"id":72244,"structure_id":14633,"section_number":"18.2-386","catch_line":"Showing previews of certain motion pictures","url":"\/18.2-386\/","token":"18.2\/8\/5\/18.2-386","metadata":false},{"id":79274,"structure_id":14633,"section_number":"18.2-386.1","catch_line":"Unlawful creation of image of another; penalty","url":"\/18.2-386.1\/","token":"18.2\/8\/5\/18.2-386.1","metadata":false},{"id":69532,"structure_id":14633,"section_number":"18.2-386.2","catch_line":"Unlawful dissemination or sale of images of another; penalty","url":"\/18.2-386.2\/","token":"18.2\/8\/5\/18.2-386.2","metadata":false},{"id":68125,"structure_id":14633,"section_number":"18.2-387","catch_line":"Indecent exposure","url":"\/18.2-387\/","token":"18.2\/8\/5\/18.2-387","metadata":false},{"id":80972,"structure_id":14633,"section_number":"18.2-387.1","catch_line":"Obscene sexual display; penalty","url":"\/18.2-387.1\/","token":"18.2\/8\/5\/18.2-387.1","metadata":false},{"id":85045,"structure_id":14633,"section_number":"18.2-388","catch_line":"Intoxication in public; penalty; transportation of public inebriates to detoxification center","url":"\/18.2-388\/","token":"18.2\/8\/5\/18.2-388","metadata":false},{"id":65058,"structure_id":14633,"section_number":"18.2-389","catch_line":"Repealed","url":"\/18.2-389\/","token":"18.2\/8\/5\/18.2-389","metadata":false}],"previous_section":{"id":70160,"structure_id":14633,"section_number":"18.2-383","catch_line":"Exceptions to application of article","url":"\/18.2-383\/","token":"18.2\/8\/5\/18.2-383","metadata":false},"next_section":{"id":74201,"structure_id":14633,"section_number":"18.2-385","catch_line":"Section 18.2-384 applicable to motion picture films","url":"\/18.2-385\/","token":"18.2\/8\/5\/18.2-385","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-384\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 233; in 1975, chapters 14 and 15.<\/p>","references":[{"id":66727,"section_number":"18.2-384","catch_line":"Proceeding against book alleged to be obscene","order_by":null,"url":"\/18.2-384\/"},{"id":74201,"section_number":"18.2-385","catch_line":"Section 18.2-384 applicable to motion picture films","order_by":null,"url":"\/18.2-385\/"}],"refers_to":[{"id":81551,"section_number":"18.2-372","catch_line":"\"Obscene\" defined","order_by":null,"url":"\/18.2-372\/"},{"id":84687,"section_number":"18.2-378","catch_line":"Coercing acceptance of obscene articles or publications","order_by":null,"url":"\/18.2-378\/"},{"id":66727,"section_number":"18.2-384","catch_line":"Proceeding against book alleged to be obscene","order_by":null,"url":"\/18.2-384\/"}],"permalink":{"id":167921,"object_type":"law","relational_id":66727,"identifier":"18.2-384","token":"18.2\/8\/5\/18.2-384","url":"\/18.2-384\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-384\/","token":"18.2\/8\/5\/18.2-384","dublin_core":{"Title":"Proceeding against book alleged to be obscene","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-384","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever he has reasonable cause to believe that any person is engaged in the sale or commercial distribution of any obscene book, any citizen or the attorney for the Commonwealth of any county or city, or city attorney, in which the sale or commercial distribution of such book occurs may institute a proceeding in the circuit<\/span> court<\/span> in said city or county for adjudication of the obscenity of the book. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The proceeding shall be instituted by filing with the court<\/span> a petition<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Directed against the book by name or description; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Alleging the obscene nature of the book; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Listing the names and addresses, if known, of the author, publisher, and all other persons interested in its sale or commercial distribution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the filing of a petition<\/span> pursuant to this article, the court<\/span> in term or in vacation shall forthwith examine the book alleged to be obscene. If the court<\/span> find no probable cause<\/span> to believe the book obscene, the judge<\/span> thereof shall dismiss the petition<\/span>; but if the court<\/span> find probable cause<\/span> to believe the book obscene, the judge<\/span> thereof shall issue<\/span> an order<\/span> to show cause why the book should not be adjudicated obscene. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The order<\/span> to show cause shall be: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Directed against the book by name or description; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Published once a week for two successive weeks in a newspaper of general circulation within the county or city in which the proceeding is filed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If their names and addresses are known, served by registered mail upon the author, publisher, and all other persons interested in the sale or commercial distribution of the book; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Returnable 21 days after its service by registered mail or the commencement of its publication, whichever is later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When an order to show cause is issued pursuant to this article, and upon four days’ notice to be given to the persons and in the manner prescribed by the court<\/span>, the court<\/span> may issue<\/span> a temporary restraining order<\/span> against the sale or distribution of the book alleged to be obscene. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> On or before the return date specified in the order to show cause, the author, publisher, and any person interested in the sale or commercial distribution of the book may appear and file an answer. The court<\/span> may by order permit any other person to appear and file an answer amicus curiae<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If no one appears and files an answer on or before the return date specified in the order to show cause, the court, upon being satisfied that the book is obscene, shall order the clerk of court<\/span> to enter judgment<\/span> that the book is obscene, but the court in its discretion may except from its judgment<\/span> a restricted category of persons to whom the book is not obscene. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If an appearance<\/span> is entered and an answer filed, the court shall order the proceeding set on the calendar for a prompt hearing<\/span>. The court shall conduct the hearing<\/span> in accordance with the rules of civil procedure applicable to the trial<\/span> of cases by the court without a jury<\/span>. At the hearing<\/span>, the court shall receive evidence<\/span>, including the testimony<\/span> of experts, if such evidence<\/span> be offered, pertaining to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The artistic, literary, medical, scientific, cultural and educational values, if any, of the book considered as a whole; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The degree of public acceptance of the book, or books of similar character, within the county or city in which the proceeding is brought; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The intent<\/span> of the author and publisher of the book; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The reputation of the author and publisher; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The advertising, promotion, and other circumstances relating to the sale of the book; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The nature of classes of persons, including scholars, scientists, and physicians, for whom the book may not have prurient appeal<\/span>, and who may be subject to exception pursuant to subsection G. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In making a decision on the obscenity of the book, the court shall consider, among other things, the evidence<\/span> offered pursuant to subsection H, if any, and shall make a written determination upon every such consideration relied upon in the proceeding in his findings<\/span> of fact<\/span> and conclusions of law<\/span> or in a memorandum<\/span> accompanying them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> If he finds the book not obscene, the court shall order the clerk of court<\/span> to enter judgment<\/span> accordingly. If he finds the book obscene, the court shall order the clerk of court<\/span> to enter judgment<\/span> that the book is obscene, but the court, in its discretion, may except from its judgment<\/span> a restricted category of persons to whom the book is not obscene. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> While a temporary restraining order<\/span> made pursuant to subsection E is in effect, or after the entry of a judgment<\/span> pursuant to subsection G, or after the entry of judgment<\/span> pursuant to subsection J, any person who publishes, sells, rents, lends, transports in intrastate commerce, or commercially distributes or exhibits the book, or has the book in his possession<\/span> with intent<\/span> to publish, sell, rent, lend, transport in intrastate commerce, or commercially distribute or exhibit the book, is presumed to have knowledge that the book is obscene under §§ 18.2-372<\/a> through 18.2-378<\/a> of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Any party<\/span> to the proceeding, including the petitioner, may appeal<\/span> from the judgment<\/span> of the court to the Court of Appeals<\/span>, as otherwise provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> It is expressly provided that the petition<\/span> and proceeding authorized under this article, relating to books alleged to be obscene, shall be intended only to establish scienter in cases where the establishment of such scienter is thought to be useful or desirable by the petitioner; and the provisions of § 18.2-384<\/a> shall in nowise be construed to be a necessary prerequisite to the filing of criminal charges under this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDING AGAINST BOOK ALLEGED TO BE OBSCENE (\u00a7 18.2-384)\n\nA. Whenever he has reasonable cause to believe that any person is engaged in the\nsale or commercial distribution of any obscene book, any citizen or the attorney\nfor the Commonwealth of any county or city, or city attorney, in which the sale\nor commercial distribution of such book occurs may institute a proceeding in the\ncircuit court in said city or county for adjudication of the obscenity of the\nbook.\n\nB. The proceeding shall be instituted by filing with the court a petition:\n\n 1. Directed against the book by name or description;\n\n 2. Alleging the obscene nature of the book; and\n\n 3. Listing the names and addresses, if known, of the author, publisher, and\n all other persons interested in its sale or commercial distribution.\n\nC. Upon the filing of a petition pursuant to this article, the court in term or\nin vacation shall forthwith examine the book alleged to be obscene. If the court\nfind no probable cause to believe the book obscene, the judge thereof shall\ndismiss the petition; but if the court find probable cause to believe the book\nobscene, the judge thereof shall issue an order to show cause why the book\nshould not be adjudicated obscene.\n\nD. The order to show cause shall be:\n\n 1. Directed against the book by name or description;\n\n 2. Published once a week for two successive weeks in a newspaper of general\n circulation within the county or city in which the proceeding is filed;\n\n 3. If their names and addresses are known, served by registered mail upon the\n author, publisher, and all other persons interested in the sale or commercial\n distribution of the book; and\n\n 4. Returnable 21 days after its service by registered mail or the commencement\n of its publication, whichever is later.\n\nE. When an order to show cause is issued pursuant to this article, and upon four\ndays’ notice to be given to the persons and in the manner prescribed by\nthe court, the court may issue a temporary restraining order against the sale or\ndistribution of the book alleged to be obscene.\n\nF. On or before the return date specified in the order to show cause, the\nauthor, publisher, and any person interested in the sale or commercial\ndistribution of the book may appear and file an answer. The court may by order\npermit any other person to appear and file an answer amicus curiae.\n\nG. If no one appears and files an answer on or before the return date specified\nin the order to show cause, the court, upon being satisfied that the book is\nobscene, shall order the clerk of court to enter judgment that the book is\nobscene, but the court in its discretion may except from its judgment a\nrestricted category of persons to whom the book is not obscene.\n\nH. If an appearance is entered and an answer filed, the court shall order the\nproceeding set on the calendar for a prompt hearing. The court shall conduct the\nhearing in accordance with the rules of civil procedure applicable to the trial\nof cases by the court without a jury. At the hearing, the court shall receive\nevidence, including the testimony of experts, if such evidence be offered,\npertaining to:\n\n 1. The artistic, literary, medical, scientific, cultural and educational\n values, if any, of the book considered as a whole;\n\n 2. The degree of public acceptance of the book, or books of similar character,\n within the county or city in which the proceeding is brought;\n\n 3. The intent of the author and publisher of the book;\n\n 4. The reputation of the author and publisher;\n\n 5. The advertising, promotion, and other circumstances relating to the sale of\n the book;\n\n 6. The nature of classes of persons, including scholars, scientists, and\n physicians, for whom the book may not have prurient appeal, and who may be\n subject to exception pursuant to subsection G.\n\nI. In making a decision on the obscenity of the book, the court shall consider,\namong other things, the evidence offered pursuant to subsection H, if any, and\nshall make a written determination upon every such consideration relied upon in\nthe proceeding in his findings of fact and conclusions of law or in a memorandum\naccompanying them.\n\nJ. If he finds the book not obscene, the court shall order the clerk of court to\nenter judgment accordingly. If he finds the book obscene, the court shall order\nthe clerk of court to enter judgment that the book is obscene, but the court, in\nits discretion, may except from its judgment a restricted category of persons to\nwhom the book is not obscene.\n\nK. While a temporary restraining order made pursuant to subsection E is in\neffect, or after the entry of a judgment pursuant to subsection G, or after the\nentry of judgment pursuant to subsection J, any person who publishes, sells,\nrents, lends, transports in intrastate commerce, or commercially distributes or\nexhibits the book, or has the book in his possession with intent to publish,\nsell, rent, lend, transport in intrastate commerce, or commercially distribute\nor exhibit the book, is presumed to have knowledge that the book is obscene\nunder §§ 18.2-372 through 18.2-378 of this article.\n\nL. Any party to the proceeding, including the petitioner, may appeal from the\njudgment of the court to the Court of Appeals, as otherwise provided by law.\n\nM. It is expressly provided that the petition and proceeding authorized under\nthis article, relating to books alleged to be obscene, shall be intended only to\nestablish scienter in cases where the establishment of such scienter is thought\nto be useful or desirable by the petitioner; and the provisions of §\n18.2-384 shall in nowise be construed to be a necessary prerequisite to the\nfiling of criminal charges under this article.\n\nHISTORY: Code 1950, \u00a7 18.1-236.3; 1960, c. 233; 1975, cc. 14, 15; 2021, Sp.\nSess. I, c. 489.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}