Sec. 27-25. - Definitions.

For the purposes of this article, the following words and phrases shall have the meanings ascribed to them in this section:

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:

(1)

Predominantly appeals to the prurient, shameful or morbid interest of juveniles; and

(2)

Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles; and

(3)

Taken as a whole, lacks serious literary, artistic, political or scientific value for juveniles.

Juvenile means any person under the age of eighteen (18) years.

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 the character and content of any material described herein, which is reasonably susceptible of examination by the defendant, and 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.

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.

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.

Sexual conduct means actual or explicitly simulated acts of masturbation, homosexuality, 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 person be female, breast.

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(Ord. No. 1168, § 1: Ord. No. 1774; Code 1961, § 24-13)

State law reference— Similar provisions, Code of Virginia, § 18.2-390.

Sec. 27-26. - Unlawful sales or loans to juveniles generally.

It shall be unlawful for any person to knowingly sell or loan to a juvenile:

(1)

Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles; or

(2)

Any book, pamphlet, magazine, printed matter however reproduced or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles.

(Ord. No. 1168, § 1; Code 1961, § 24-14)

State law reference— Similar provisions, Code of Virginia, § 18.2-391.

Sec. 27-27. - Admitting juveniles to premises exhibiting obscene films or other presentations.

It shall be unlawful for any person to knowingly exhibit to a juvenile or to knowingly sell to a juvenile an admission ticket or pass or to knowingly admit a juvenile to premises whereon there is exhibited, a motion picture, show or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles.

(Ord. No. 1168, § 1; Code 1961, § 24-14)

State law reference— Similar provisions, Code of Virginia, § 18.2-391.

Sec. 27-28. - Misrepresentation to persons mentioned in sections 27-26 and 27-27 as to juvenile's age, etc.

(a)

It shall be unlawful for any juvenile to falsely represent to any person mentioned in section 27-26 or 27-27, or to his agent, that such juvenile is eighteen (18) years of age or older, with the intent to procure any material set forth in section 27-26, or with the intent to procure such juvenile's admission to any motion picture, show or other presentation set forth in section 27-27

(b)

It shall be unlawful for any person to knowingly make a false representation to any person mentioned in section 27-26 or 27-27, or to his agent, that he is the parent or guardian of any juvenile, or that the juvenile is eighteen (18) years of age, with the intent to procure any material set forth in section 27-26, or with the intent to procure such juvenile's admission to any motion picture, show or other presentation set forth in section 27-27

State law reference— Similar provisions, Code of Virginia, § 18.2-391.

Sec. 27-29. - Display of obscene materials at business establishments open to juveniles.

It shall be unlawful for any person to exhibit, expose or display in public, at a newsstand or any other business or commercial establishment frequented by juveniles or where juveniles are or may be invited as part of the general public, any pictorial, three-dimensional or other visual representation of a person or a portion of the human body that predominately appeals to prurient interest in sex and that meets the requirements of section 27-11(c).

(Ord. No. 1839, § 1; Code 1961, § 24A-3)

Sec. 27-30. - Exhibition of motion picture harmful to juveniles where visible from street or other place off exhibitor's premises.

It shall be unlawful for any person to exhibit any motion picture which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, whereby any portion of such film is visible from a public street, sidewalk, alley, public thoroughfare or any other place off the premises of the motion picture exhibitor, open to the general public or where the general public is invited for business purposes.

(Code 1961, § 24-15)

State law reference— Similar provisions, Code of Virginia, § 18.2-391.

Sec. 27-31. - Exceptions from article.

Nothing contained in this article shall be construed to apply to:

(1)

The purchase, distribution, exhibition or loan of any work of art, book, magazine or other printed or manuscript material by any accredited museum, library, school or institution of higher learning.

(2)

The exhibition or performance of any play, drama, tableau or motion picture by any theatre, museum, school or institution of higher learning, either supported by public appropriation or which is an accredited institution supported by private funds.

State law reference— Similar provisions, Code of Virginia, § 18.2-391.1.