§ 13-13. Public nudity.

(a)

As used in this section, "state of nudity" means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a fully 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.

(b)

Every person who knowingly, voluntarily and intentionally appears in public or in a public place or in a place open to the public or open to public view in a state of nudity, or employs, encourages or procures another person to so appear, shall be guilty of a Class 1 misdemeanor.

(c)

Nothing contained in this section shall be construed to apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau production or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher learning or other similar establishment which is primarily devoted to such exhibitions, presentations, shows or performances as a form of expression of opinion, communication, speech, ideas, information or act of drama, as differentiated from commercial or business advertising, promotion, selling or serving products or services or otherwise advancing the economic welfare of a commercial or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.

(Ord. of 6-19-78, §§ 1—3)

Cross reference— Penalty for Class 1 misdemeanor, § 1-11.

State Law reference— Authority of county to prohibit obscenity, Code of Virginia, § 18.2-389.

(Ord. of 6-19-78, §§ 1—3)

State law reference

Authority of county to prohibit obscenity, Code of Virginia, § 18.2-389.

Cross reference

Penalty for Class 1 misdemeanor, § 1-11.