Obscene; definition. (SB1204)

Introduced By

Sen. Bryce Reeves (R-Spotsylvania)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Obscene; definition. Defines "obscene" for the purposes of obscenity law to mean that as it relates to materials or a performance (i) the average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material or performance taken as a whole appeals to the prurient interest in sex; (ii) the material or performance lacks serious literary, artistic, political, or scientific value; (iii) the material or performance as used is not protected or privileged under the United States Constitution or the Constitution of Virginia; and (iv) such material or performance depicts or describes (a) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality, or (b) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs. Under current law, "obscene" for the purposes of obscenity law is defined as 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 goes 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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2023Prefiled and ordered printed; offered 01/11/23 23102944D
01/10/2023Referred to Committee on the Judiciary
01/12/2023Impact statement from VCSC (SB1204)
01/18/2023Passed by indefinitely in Judiciary (8-Y 5-N) (see vote tally)