[HISTORY: Adopted by the City Council of the City of Lexington as
§§ 15-35 to 15-45 of the 1970 Code. Amendments noted where
applicable.]
The word "obscene" where it appears in this chapter shall mean that
which considered as a whole has as its dominant theme or purpose an appeal
to prurient interest, that is, a shameful or morbid interest in nudity, sex
or excretion, and if it goes substantially beyond customary limits of candor
in description or representation of such matters.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-372.
Every person who knowingly prepares any obscene item for the purposes
of sale or commercial distribution; or prints, copies, manufactures, produces
or reproduces any obscene item for purposes of sale or commercial distribution;
or publishes, sells, rents, lends, transports in intrastate commerce, or commercially
distributes or exhibits any obscene item, or offers to do any of these things;
or has in his possession with intent to sell, rent, lend, transport or commercially
distribute any obscene item, shall be guilty of a misdemeanor. 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.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-374.
Obscene items shall include:
A.
Any obscene book;
B.
Any obscene leaflet, pamphlet, magazine, booklet, picture,
painting, drawing, photographs, film, negative, slide, or motion picture;
or
C.
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.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-373.
Every person who knowingly produces, promotes, prepares, presents, manages,
directs, carries on or participates in any obscene exhibition or performance,
including the exhibition or performance of any obscene motion picture, play,
drama, show, entertainment, exposition, tableau or scene, or owns, leases
or manages any theater, garden, building, structure, room or place and leases,
lets, lends or permits such theater, garden, building, structure, room or
place to be used for the purpose of presenting such obscene exhibition or
performance shall be guilty of a misdemeanor.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-375.
Every person who knowingly prepares, prints, publishes or circulates, or causes to be prepared, printed, published or circulated, any notice or advertisement of any obscene item proscribed in § 283-3, or of any obscene performance or exhibition proscribed in § 283-4, stating or indicating where such obscene item, exhibition or performance may be purchased, obtained, seen or heard, shall be guilty of a misdemeanor.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-376.
Every person who knowingly exposes, places, displays, posts up, exhibits, paints, prints or marks, or causes 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 § 283-3, or any obscene exhibition or performance proscribed in § 283-4, or who knowingly permits the same to be displayed on property belonging to or controlled by him, shall be guilty of a misdemeanor.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-377.
No person shall, as a condition to any sale, allocation, consignment
or delivery for resale of any paper, magazine, book, periodical or publication
require that the purchaser or consignee receive for resale any other article,
book or other publication which is obscene, nor shall any person 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.
A violation of this section shall be a misdemeanor.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-378.
Every person who intentionally, in any manner, hires, employs, uses
or permits any minor under the age of 18 years to do or assist in doing any
act or thing constituting an offense under this chapter shall be guilty of
a misdemeanor.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-379.
Every person who knowingly photographs himself or any other person,
for purposes of preparing an obscene film, photograph, negative, slide or
motion picture for purposes of sale or commercial distribution, or models,
poses, acts or otherwise assists in the preparation of any obscene film, photograph,
negative, slide or motion picture for purposes of sale or commercial distribution,
shall be guilty of a misdemeanor.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-382.
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 misdemeanor.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-387.
Nothing contained in this chapter shall be construed to apply to:
A.
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.
B.
The purchase, distribution, exhibition or loan of any
work of art by any museum of fine arts, school or institution of higher learning,
support by public appropriation.
C.
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.
[1]
Editor's Note: For similar state law, see Code of Virginia, § 18.2-383.
