SB 835 — Juveniles; prohibited sales and loans, clarifies definition of sexual conduct.

SESSION INTRODUCEDSENATE 23100240DSUBSTITUTE I23104579D SENATE BILL NO.

835 NAMENDMENT OfferedIN THE NATURE OF A SUBSTITUTE (Proposed by on January 11,16, 20232023) on the Judiciary (Patrons Prior to Substitute––Senators Surovell and Dunnavant [SB 837]) A BILL to amend and reenact § 18.2-390 of the Code of Virginia, relating to prohibited sales and loans to juveniles;

RBe ––––––––––it Patrons––Surovellenacted andby Dunnavant;the General Assembly of Virginia:

Delegates:1.

Coyner,§ Delaney18.2-390. and Kory O –––––––––– D Referred to Committee on the Judiciary –––––––––– U 1.

ThatDefinitions.ode § 18.2-390 of the Code of Virginia is amended and reenacted as follows:

CAs §used 18.2-390.in this article:

Definitions.

E As used in this article:

D (2) "Nudity" means a state of undress so as to expose the human male or female genitals, pubicpubSc 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 unc(3)uncovered "Sexualmale conduct"genitals 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'sdiscernibly clothedturgid orstate. unclothed genitals, pubic area, buttocks, or, if such be female, breast.

(4)E (3) "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 clo(4) "Sexual excitement" means the condition of human male or female genitals when in a stateSofstateAof sexual stimulation or arousal.

8 (5) "Sadomasochistic abuse" means actual or explicitly simulated flagellation or torture by 5rTr upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fet(6) "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 (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles,juvenSles, and (c)juveniles.en is, when taken as a whole, lacking in serious literary, artistic, political or scientific valuevUlue for juveniles.(7) "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 (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) the aSe of the the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile.heTeunder if :

(7)36 "Knowingly"(8) "Video or computer game" means havingan generalobject knowledgeor of,device that stores recorded data or reasoninstructions, to37 know,receives data or instructions generated by a beliefperson who uses it, and, by processing the data orI 38 instructions, creates an interactive game capable of being played, viewed, or groundexperienced foron :orTthrough a 39 computer, television gaming system, console, or other technology.

35U describedT hereinE whichB isS reasonably1 susceptible of examination by the defendant, and (b) the age of thel 36 juvenile, provided however, that an honest mistake shall constitute an excuse from liability hereunder if / 37 the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile.

/ 38 (8) "Video or computer game" means an object or device that stores recorded data or instructions, 39 receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, television gaming system, console, or other technology.