{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-390.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-390.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-390.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-390.html"}],"law_id":80691,"edition_id":1,"section_id":80691,"structure_id":15737,"section_number":"18.2-390","catch_line":"Definitions","history":"Code 1950, \u00a7 18.1-236.6; 1970, c. 560; 1975, cc. 14, 15, 492; 1976, c. 504; 2006, c. 463; 2023, c. 811.","full_text":"As used in this article:\n\n1\n\n“Juvenile” means a person less than 18 years of age.2\n\n“Nudity” means 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.3\n\n“Sexual conduct” means actual or explicitly simulated acts of masturbation, 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 be female, breast.4\n\n“Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.5\n\n“Sadomasochistic abuse” means 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.6\n\n“Harmful to juveniles” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.7\n\n“Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) 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.8\n\n“Video or computer game” means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, television gaming system, console, or other technology.","order_by":null,"text":{"0":{"id":289265,"text":"As used in this article:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":289266,"text":"“Juvenile” means a person less than 18 years of age.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":289267,"text":"“Nudity” means 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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":289268,"text":"“Sexual conduct” means actual or explicitly simulated acts of masturbation, 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 be female, breast.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":289269,"text":"“Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":289270,"text":"“Sadomasochistic abuse” means 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.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":289271,"text":"“Harmful to juveniles” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":289272,"text":"“Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) 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.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":289273,"text":"“Video or computer game” means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, television gaming system, console, or other technology.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":15737,"edition_id":1,"name":"Prohibited Sales and Loans to Juveniles","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":14022,"metadata":{},"date_created":"2026-06-26 03:58:44","date_modified":"2026-06-26 03:58:44","permalink":{"id":167957,"object_type":"structure","relational_id":15737,"identifier":"6","token":"18.2\/8\/6","url":"\/18.2\/8\/6\/","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":80691,"structure_id":15737,"section_number":"18.2-390","catch_line":"Definitions","url":"\/18.2-390\/","token":"18.2\/8\/6\/18.2-390","metadata":false},{"id":81080,"structure_id":15737,"section_number":"18.2-391","catch_line":"Unlawful acts; penalties","url":"\/18.2-391\/","token":"18.2\/8\/6\/18.2-391","metadata":false},{"id":60450,"structure_id":15737,"section_number":"18.2-391.1","catch_line":"Exceptions to application of article","url":"\/18.2-391.1\/","token":"18.2\/8\/6\/18.2-391.1","metadata":false}],"next_section":{"id":81080,"structure_id":15737,"section_number":"18.2-391","catch_line":"Unlawful acts; penalties","url":"\/18.2-391\/","token":"18.2\/8\/6\/18.2-391","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-390\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1970, chapter 560; in 1975, chapters 14, 15, and 492; in 1976, chapter 504; in 2006, chapter 463<\/a>; in 2023, chapter 811<\/a>.<\/p>","references":[{"id":64538,"section_number":"15.2-926.2","catch_line":"Adoption of ordinances prohibiting obscenity","order_by":null,"url":"\/15.2-926.2\/"},{"id":61326,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","order_by":null,"url":"\/18.2-374.1\/"},{"id":66971,"section_number":"2.2-2827","catch_line":"Restrictions on state employee access to information infrastructure","order_by":null,"url":"\/2.2-2827\/"},{"id":62812,"section_number":"22.1-70.2","catch_line":"Acceptable Internet use policies for public and private schools","order_by":null,"url":"\/22.1-70.2\/"},{"id":71062,"section_number":"40.1-100.2","catch_line":"Employment involving sexually explicit visual material prohibited","order_by":null,"url":"\/40.1-100.2\/"},{"id":61990,"section_number":"42.1-36.1","catch_line":"Power and duty of library boards and certain governing bodies regarding acceptable Internet use policies","order_by":null,"url":"\/42.1-36.1\/"},{"id":62242,"section_number":"8.01-40.5","catch_line":"Publishing or distributing material harmful to minors on the Internet","order_by":null,"url":"\/8.01-40.5\/"}],"refers_to":false,"permalink":{"id":167959,"object_type":"law","relational_id":80691,"identifier":"18.2-390","token":"18.2\/8\/6\/18.2-390","url":"\/18.2-390\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-390\/","token":"18.2\/8\/6\/18.2-390","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-390","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> “Juvenile<\/span>” means a person less than 18 years of age. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “Nudity<\/span>” means 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> “Sexual conduct<\/span>” means actual or explicitly simulated acts of masturbation, 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 be female, breast. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> “Sexual excitement<\/span>” means the condition of human male or female genitals when in a state of sexual stimulation or arousal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> “Sadomasochistic abuse<\/span>” means 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> “Harmful to juveniles<\/span>” means that quality of any description or representation, in whatever form, of nudity<\/span>, sexual conduct<\/span>, sexual excitement<\/span>, or sadomasochistic abuse<\/span>, when it (a) predominantly appeals<\/span> to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material<\/span> for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> “Knowingly<\/span>” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material<\/span> described herein which is reasonably susceptible of examination by the defendant<\/span>, and (b) the age of the juvenile<\/span>, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant<\/span> made a reasonable bona fide attempt to ascertain the true age of such juvenile<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> “Video or computer game<\/span>” means an object<\/span> or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, television gaming system, console, or other technology. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 18.2-390)\n\nAs used in this article:\n\n1. “Juvenile” means a person less than 18 years of age.\n\n2. “Nudity” means a state of undress so as to expose the human male\nor female genitals, pubic area or buttocks with less than a full opaque\ncovering, or the showing of the female breast with less than a fully opaque\ncovering of any portion thereof below the top of the nipple, or the depiction of\ncovered or uncovered male genitals in a discernibly turgid state.\n\n3. “Sexual conduct” means actual or explicitly simulated acts of\nmasturbation, sexual intercourse, or physical contact in an act of apparent\nsexual stimulation or gratification with a person’s clothed or unclothed\ngenitals, pubic area, buttocks, or, if such be female, breast.\n\n4. “Sexual excitement” means the condition of human male or female\ngenitals when in a state of sexual stimulation or arousal.\n\n5. “Sadomasochistic abuse” means actual or explicitly simulated\nflagellation or torture by or upon a person who is nude or clad in\nundergarments, a mask or bizarre costume, or the condition of being fettered,\nbound or otherwise physically restrained on the part of one so clothed.\n\n6. “Harmful to juveniles” means that quality of any description or\nrepresentation, in whatever form, of nudity, sexual conduct, sexual excitement,\nor sadomasochistic abuse, when it (a) predominantly appeals to the prurient,\nshameful or morbid interest of juveniles, (b) is patently offensive to\nprevailing standards in the adult community as a whole with respect to what is\nsuitable material for juveniles, and (c) is, when taken as a whole, lacking in\nserious literary, artistic, political or scientific value for juveniles.\n\n7. “Knowingly” means having general knowledge of, or reason to know,\nor a belief or ground for belief which warrants further inspection or inquiry of\nboth (a) the character and content of any material described herein which is\nreasonably susceptible of examination by the defendant, and (b) the age of the\njuvenile, provided however, that an honest mistake shall constitute an excuse\nfrom liability hereunder if the defendant made a reasonable bona fide attempt to\nascertain the true age of such juvenile.\n\n8. “Video or computer game” means an object or device that stores\nrecorded data or instructions, receives data or instructions generated by a\nperson who uses it, and, by processing the data or instructions, creates an\ninteractive game capable of being played, viewed, or experienced on or through a\ncomputer, television gaming system, console, or other technology.\n\nHISTORY: Code 1950, \u00a7 18.1-236.6; 1970, c. 560; 1975, cc. 14, 15, 492; 1976, c.\n504; 2006, c. 463; 2023, c. 811.","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}}