[HISTORY: Adopted by the Board of Supervisors of the County of Page 2-17-2009. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 86, Obscenity, adopted 12-2-1986, as amended.
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Delivery in person, by mail, messenger or by any other means by which obscene items as defined in this chapter may pass from one person, firm or corporation to another.
- Where it appears in this chapter, shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which depicts, describes or portrays sexual conduct in a patently offensive way, going substantially beyond customary limits of candor in description or representation of such matters, and which, taken as a whole, does not have serious literary, artistic, political or scientific value.
- PATENTLY OFFENSIVE
- Shall be deemed to include any of the following sexual conduct or material when said conduct or material is depicted, described or represented in a manner appealing predominantly to the prurient interest in sex:
- A. An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal.
- B. Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
- C. Masturbation, excretory functions and lewd exhibitions of the genitals, including any explicit, close-up representation of a human genital organ.
- D. Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
- E. A device designed and marketed as useful primarily for stimulation of the human genital organs.
- F. Male or female genitals in a state of sexual stimulation or arousal.
- Any individual, partnership, firm, association, corporation or other legal entity.
- SUBSTANTIALLY BEYOND CUSTOMARY LIMITS OF CANDOR
- Any patently offensive material, as defined herein, shall be deemed to go substantially beyond the customary limits of candor prevailing in the County of Page, Virginia.
Obscene items shall include:
Any obscene book;
Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker, drawing, photograph, film, negative, slide, motion picture, or videotape recording;
Any obscene figure, object, article, instrument, novelty device, or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words, or sounds; or
Any obscene writing, picture or similar visual representation, or sound recording, stored in an electronic or other medium retrievable in a perceivable form.
It shall be unlawful for any person knowingly to:
Prepare any obscene item for the purposes of sale or distribution; or
Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or
Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or
Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item as defined in this chapter shall be deemed prima facie evidence of a violation of this section.
For the purposes of this section, "distribute" shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this chapter may pass from one person, firm or corporation to another.
It shall be unlawful for any person knowingly to:
Produce, promote, prepare, present, manage, direct, carry on or participate in any obscene exhibitions or performances, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided that no employee of any person or legal entity operating a theater, garden, building, structure, room or place which presents such obscene exhibition or performance shall be subject to prosecution under this section if the employee is not the manager of the theater or an officer of such entity, and has no financial interest in such theater other than receiving salary and wages; or
Own, lease or manage any theater, garden, building, structure, room or place and lease, let, lend or permit such theater, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to fail to post prominently therein the name and address of a person resident in the locality who is the manager of such theater, garden, building, structure, room or place.
It shall be unlawful for any person knowingly to prepare, print, publish, or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item proscribed in § 86-2, or of any obscene performance or exhibition proscribed in § 86-4, stating or indicating where such obscene item, exhibition, or performance may be purchased, obtained, seen or heard.
It shall be unlawful for any person knowingly to expose, place, display, post up, exhibit, paint, print, or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing, or picture which is obscene, or which advertises or promotes any obscene item proscribed in § 86-2 or any obscene exhibition or performance proscribed in § 86-4, or knowingly to permit the same to be displayed on property belonging to or controlled by him.
It shall be unlawful for any person, firm, association or corporation, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, to require that the purchaser or consignee receive for resale any other article, book, or other publication which is obscene; nor shall any person, firm, association or corporation deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books, or publications, or by reason of the return thereof.
It shall be unlawful for any person knowingly to hire, employ, use or permit any minor to do or assist in doing any act or thing constituting an offense under this chapter.
Every person who knowingly: (1) photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or (2) models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution shall be guilty of a Class 3 misdemeanor.
Nothing contained in this chapter shall be construed to apply to:
The purchase, distribution, exhibition, or loan of any book, magazine, or other printed or manuscript material by any library, school, or institution of higher learning, supported by public appropriation.
The purchase, distribution, exhibition, or loan of any work of art by any museum of fine arts, school, or institution of higher learning, supported by public appropriation.
The exhibition or performance of any play, drama, tableau, or motion picture by any theater, museum of fine arts, school or institution of higher learning, supported by public appropriation.
It shall be unlawful for any person to exhibit any trailer or preview of any motion picture which has a motion picture industry rating which would not permit persons in the audience viewing the feature motion picture to see the complete motion picture from which the trailer or preview is taken. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
It shall be unlawful for any person to knowingly and intentionally videotape, photograph, or film any nonconsenting person or create any videographic or still image record by any means whatsoever of the nonconsenting person if (i) that person is totally nude, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks or female breast in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location; or (ii) the videotape, photograph, film or videographic or still image record is created by placing the lens or image-gathering component of the recording device in a position directly beneath or between a person's legs for the purpose of capturing an image of the person's intimate parts or undergarments covering those intimate parts when the intimate parts or undergarments would not otherwise be visible to the general public; and when the circumstances set forth in clause (i) or (ii) are otherwise such that the person being videotaped, photographed, filmed or otherwise recorded would have a reasonable expectation of privacy.
The provisions of this section shall not apply to filming, videotaping or photographing or other still image or videographic recording by (i) law-enforcement officers pursuant to a criminal investigation which is otherwise lawful or (ii) correctional officials and local or regional jail officials for security purposes or for investigations of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail, or to any sound recording of an oral conversation made as a result of any videotaping or filming pursuant to Chapter 6 (§ 19.2-61 et seq.) of Title 19.2. of the Code of Virginia.
Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.
Any person who, while in any public place where others are present, intending that he be seen by others, intentionally and obscenely, as defined in § 86-1, engages in actual or explicitly simulated acts enumerated in the definition of "patently offensive" in § 86-1, is guilty of a Class 1 misdemeanor.
If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drugs or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center, a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.