2006 Code of Virginia § 18.2-374.1 - Production, publication, sale, possession with intent to distribute, financing, etc., of sexually e...

18.2-374.1. Production, publication, sale, possession with intent todistribute, financing, etc., of sexually explicit items involving children;presumption as to age; severability.

A. For the purposes of this article and Article 4 ( 18.2-362 et seq.) ofthis chapter, the term "sexually explicit visual material" means a picture,photograph, drawing, sculpture, motion picture film, digital image or similarvisual representation which depicts sexual bestiality, a lewd exhibition ofnudity, as nudity is defined in 18.2-390, or sexual excitement, sexualconduct or sadomasochistic abuse, as also defined in 18.2-390, or a book,magazine or pamphlet which contains such a visual representation. Anundeveloped photograph or similar visual material may be sexually explicitmaterial notwithstanding that processing or other acts may be required tomake its sexually explicit content apparent.

B. A person shall be guilty of a Class 5 felony who:

1. Accosts, entices or solicits a person less than eighteen years of age withintent to induce or force such person to perform in or be a subject ofsexually explicit visual material; or

2. Produces or makes or attempts or prepares to produce or make sexuallyexplicit visual material which utilizes or has as a subject a person lessthan eighteen years of age; or

3. Who knowingly takes part in or participates in the filming, photographingor other reproduction of sexually explicit visual material by any means,including but not limited to computer-generated reproduction, which utilizesor has as a subject a person less than eighteen years of age; or

4. Sells, gives away, distributes, electronically transmits, displays withlascivious intent, purchases, or possesses with intent to sell, give away,distribute, transmit or display with lascivious intent sexually explicitvisual material which utilizes or has as a subject a person less thaneighteen years of age.

5. [Repealed.]

B1. [Repealed.]

C. A person shall be guilty of a Class 4 felony who knowingly finances orattempts or prepares to finance sexually explicit visual material whichutilizes or has as a subject a person less than eighteen years of age.

D. For the purposes of this section a person who is depicted as or presentsthe appearance of being less than eighteen years of age in sexually explicitvisual material is prima facie presumed to be less than eighteen years of age.

E. The provisions of this section shall be severable and, if any of itsprovisions shall be held unconstitutional by a court of competentjurisdiction, then the decision of such court shall not affect or impair anyof the remaining provisions.

(1979, c. 348; 1983, c. 524; 1986, c. 585; 1992, c. 234; 1995, c. 839.)

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