Production, publication, sale, possession, etc., of obscene items (§ 18.2-374)—Virginia Decoded

Production, publication, sale, possession, etc., of obscene items

It shall be unlawful for any person knowingly to:

(1. Prepare any obscene item for the purposes of sale or distribution; or

(2. Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or

(3. Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or

(4. 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 article 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 article may pass from one person, firm or corporation to another.

History

Code 1950, § 18.1-228; 1960, c. 233; 1962, c. 289; 1970, c. 204; 1975, cc. 14, 15.

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Court Decisions

Foster v. Com. (COA, 05/17/88)
. . . former Code § 18.2-374.1(B)(1) and (2) (1979) are clearly defined. Former Code § 18.2-374.1(B)(1) . . .

Freeman v. Com. (SCV, 03/12/82)
. . . less than eighteen years of age," Code § 18.2-374.1(B)(2), and fixed his punishment at two . . .

Colbert v. Com. (COA, 01/10/06)
. . . solicitation for sex with a minor, in violation of Code § 18.2-374.3(B). As part of his sentence, . . .

Podracky v. Com. (COA, 06/10/08)
. . . any activity in violation of § 18.2-374.1, (iii) a violation of § 18.2-374.1:1 or (iv) any . . .

Wall Distributors v. City of Newport News (SCV, 11/30/84)
. . . comply with the constitutional mandate. Code § 18.2-374(4) makes it unlawful for any person . . .

Grafmuller v. Com. (COA, 08/31/10)
. . . in Code § 18.2-374.3(C) . . .

Mason v. Commonwealth (COA, 11/07/06)
. . . under Code § 18.2-374 was the number of each such item sold, reasoning that "Code § 18.2-374 . . .

Frantz v. Com. (COA, 01/30/90)
. . . by a jury of two counts of violation of Code § 18.2-374.1(B)(1) and three counts of violation of . . .

Brooker v. Com. (COA, 10/28/03)
. . . activity in violation of § 18.2-374.1, or (iii) a violation of § 18.2-374.1:1. . . .

Hix v. Com. (SCV, 09/16/05)
. . . the use of a computer to solicit a minor, Code § 18.2-374.3 (the "communications statute").[1]… . . .

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