Va. Model Jury Instr. Crim. No. 29.430

Child pornography means sexually explicit visual material that:

(1) utilizes, or has as a subject, an identifiable minor; or

(2) depicts a minor, whether or not that minor actually exists, in a state of nudity or engaged in

sexual conduct where such depiction is obscene.

An “identifiable minor” is a person [who was a minor at the time the visual depiction was created,

adapted, or modified; whose image as a minor was used in creating, adapting or modifying the visual

depiction]; and who is recognizable as an actual person by the person's face, likeness, or other

distinguishing characteristic, such as a unique birthmark or other recognizable feature. The

Commonwealth is not required to prove the actual identity of the identifiable minor.

“Nudity” means a state of undress so as to expose the human male or female genitals, pubic

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 uncovered male genitals in a discernibly aroused state.

“Sexual conduct” means actual or explicitly simulated acts of masturbation, sexual intercourse,

or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed

or unclothed genitals, pubic area, buttocks, or, if such be female, breast.

“Obscene” means that which, considered as a whole, has as its dominant theme or purpose an

appeal to 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.