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2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-374.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-374.1. Production, publication, sale, possession with intent to distribute, 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.) of this chapter, the term "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film, digital image or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make 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
18 years of age with intent to induce or force such person to perform in
or be a subject of sexually explicit visual material; or
2. Produces or makes or attempts or prepares to produce or
make sexually explicit visual material which utilizes or has as a subject a
person less than eighteen 18 years of age; or
3. Who knowingly takes part in or participates in the filming,
photographing or other reproduction of sexually explicit visual material by any
means, including but not limited to computer-generated reproduction, which
utilizes or has as a subject a person less than eighteen 18 years
of age; or
4. Sells, gives away, distributes, electronically transmits,
displays with lascivious intent, purchases, or possesses with intent to sell,
give away, distribute, transmit or display with lascivious intent sexually
explicit visual material which utilizes or has as a subject a person less than eighteen
18 years of age.
5. [Repealed.]
B1. [Repealed.]
C. A person shall be guilty of a Class 4 felony who knowingly
finances or attempts or prepares to finance sexually explicit visual material
which utilizes or has as a subject a person less than eighteen 18
years of age.
D. For the purposes of this section a person who is depicted
as or presents the appearance of being less than eighteen 18 years
of age in sexually explicit visual material is prima facie presumed to be less
than eighteen 18 years of age.
E. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs or where any sexually explicit visual material associated with a violation of this section is produced, reproduced, found, stored, or possessed.
E. F. The provisions of this section shall be
severable and, if any of its provisions shall be held unconstitutional by a
court of competent jurisdiction, then the decision of such court shall not
affect or impair any of the remaining provisions.