Virginia law sections 18.2-384 and 18.2-385 address legal procedures related to books and motion picture films deemed obscene. They establish presumption of knowledge of obscenity during certain legal proceedings and clarify that these procedures are primarily for establishing scienter, not prerequisites for criminal charges. The law also provides for appeals and specifies that the provisions for books apply similarly to motion picture films.
Virginia law presumes that anyone involved in publishing, selling, or distributing obscene books or films knows they are obscene during certain legal proceedings, and such actions can lead to legal consequences.
Yes, any party involved, including the petitioner, can appeal the court's judgment to the Virginia Court of Appeals as provided by law.
No, the procedures for establishing scienter are meant to aid in certain cases but are not required prerequisites for filing criminal charges under Virginia law.
Yes, Virginia law § 18.2-385 states that the provisions applicable to obscene books also apply to motion picture films, with necessary adjustments.