                                 CODE OF VIRGINIA

DEFINITIONS (§ 18.2-390)

As used in this article:

1. &#8220;Juvenile&#8221; means a person less than 18 years of age.

2. &#8220;Nudity&#8221; 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. &#8220;Sexual conduct&#8221; 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&#8217;s clothed or unclothed
genitals, pubic area, buttocks, or, if such be female, breast.

4. &#8220;Sexual excitement&#8221; means the condition of human male or female
genitals when in a state of sexual stimulation or arousal.

5. &#8220;Sadomasochistic abuse&#8221; 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. &#8220;Harmful to juveniles&#8221; 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. &#8220;Knowingly&#8221; 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. &#8220;Video or computer game&#8221; 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.

HISTORY: Code 1950, § 18.1-236.6; 1970, c. 560; 1975, cc. 14, 15, 492; 1976, c.
504; 2006, c. 463; 2023, c. 811.