Obscenity is a term that may be connected with an item, performance, or exhibition. Your Virginia Beach Criminal Lawyer can explain how the law treats obscenity, what its definition is according to the law, and what the prosecution will need to prove in order to convict.
In our most recent article, we explained how an item might be deemed “obscene.” Obscene exhibitions or performances encompass another aspect of “obscenity” under Virginia law.
What Must the Prosecution Prove to Convict for Obscene Performance or Exhibition?
Your Virginia Beach Criminal Attorney is the best resource to consult if you are charged with a crime. Your defense lawyer can ensure that the prosecution proves its case. For example, in Virginia, a conviction for obscene performance or exhibition requires that the accused person acted knowingly regarding the substance of the act. In other words, the person must have performed or exhibited himself in such a way that he or she knew of the content of the act. With that being said, the accused person does not have to have known that the act would later be deemed obscene. Your Virginia Beach Criminal Lawyer can explain the nuances of the law.
Can a Person be Convicted for Obscene Performance or Exhibition if He is an Employee?
Your Virginia Beach Criminal Lawyer can explain the law as it applies to the facts of your case. In general, if a person has a financial interest in the exhibition or performance at issue, he or she may be prosecuted under the Code. However, a mere employee of an establishment, working only for an hourly wage, can not be convicted under § 18.2-375(1). Note, however, that a person who manages such an exhibition may be prosecuted under the statute.
What is the Punishment for Violation of the Obscene Exhibition/Performance Law?
In Virginia, violation of the statute equates to a class 1 misdemeanor. A later conviction is considered a class 6 felony. Contact your Virginia Beach Criminal Lawyer for a detailed consultation regarding your case.
1. VA Code § 18.2-375.
2. Price v. Com., 213 Va. 113, 120, 189 S.E.2d 324, 330 (1972); 413 U.S. 912, 93 S. Ct. 3049, 37 L. Ed. 2d 1031 (1973).
3. VA Code Ann. §§ 18.2-380, 18.2-381.