Chap. 257.—An ACT to regulate motion picture films and reels; providing a
system of examination, approval and regulation thereof, and of the banners,
posters and other like advertising matter used in connection therewith;
creating the board of censors; and providing penalties for the violation

of this act. 7 346]
Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That it
shall be unlawful to exhibit, or to sell, lease or lend for exhibition
at any place of amusement for pay or in connection with any busi-
ness in the State of Virginia, any motion picture film or reel, unless
there is at the time in full force and effect a valid license or permit
therefor of the Virginia State board of censors, hereinafter called
the board, and unless such film or reel shall contain for: exhibitior
upon the screen identification matter in the substance, style and
length which the board shall prescribe.

2. The board shall consist of three residents and citizens of the
State of Virginia, well qualified by education and experience to act
as censors under this act. One member of the board shall be chair-
man, and another shall be vice-chairman and secretary. They shall
be appointed by the governor, subject to the confirmation of the
Senate, for terms of four years. Those first appointed under this
act shall be appointed for terms of two, three and four years, respec-
tively; the respective terms to be designated by the governor.

Sec. 244. Each member of said board shall, before assuming
the duties of his office, take and subscribe the oath prescribed by
the Constitution of the State of Virginia, and shall enter into a
bond, with security to be approved by the judge of the circuit court
of the city of Richmond, to the State, in the sum of ten thousand
dollars, conditioned for the faithful performance of all his duties
under this act, the cost of said bonds to be paid out of the fund
created by this act.

3. A vacancy in the membership of the board shall be filled for
the unexpired term by the governor. In case only two members of
said board are acting or are in attendance, and they disagree as to
approval of any such films or reels, they shall call in the superin-
tendent of public instruction, who shall view the film or reel and
cast the deciding vote as to approval or disapproval of the said film
or reel.

4. The commission shall cause to be promptly examined every
motion picture film submitted to it as herein required, and unless
such film or a part thereof is obscene, indecent, immoral, inhuman,
or is of such a character that its exhibition would tend to corrupt
morals or incite to crime, shall issue a license therefor. If the board
shall not license any film submitted, it shall furnish to the applicant
therefor a written report of the reasons for its refusal and a descrip-
tion of each rejected part of a film not rejected in toto.

5. (a) Used films.—The board shall, without inspecting it, issue
for any motion picture film which has been publicly exhibited in the
State of Virginia prior to August first, nineteen hundred and twenty-
two, a permit, only if and when application therefor as herein pro-
vided shall be made within thirty days after this act goes into effect.
The fee for each permit shall be at the rate of fifty cents for each
film of one thousand feet or less and for each one thousand feet or
less in excess thereof, whether original or duplicate copy.

(b) “Current event” films.—The board may at any time issue
a permit for any film portraying current events and not otherwise
prohibited by law, without inspection thereof.

(c) Scientific and educational films—The board shall issue a
permit for every motion picture film of.a strictly scientific character
intended for use by the learned professions, without examination
thereof, provided that the owner thereof, either personally or by his
duly authorized attorney or representative, shall file the prescribed
application which shall include a sworn description of the film and
a statement that the film is not to be exhibited at any private or
public place of amusement.
The board may, in its discreition, without examination thereof,
issue a permit for any motion picture film intended solely for edu-
cational, charitable or religious purposes, or by any employer for the
instruction or welfare of his employees, provided that the owner
thereof either personally or by his duly authorized attorney or rep-
resentative, shall-file the prescribed application, which shall include
a sworn description of the film.

No fee shall be charged for any such permit.

6. Any permit issued as herein provided may be revoked by the
board five days after notice in writing is mailed to the applicant
at the address named in the application. Thereafter, any such film
may be submitted to the board only in the manner provided for
icense.

7. The board shall collect from each applicant for a license or
permit, except as otherwise expressly provided in this act, a fee of
one dollar each one thousand feet or fraction thereof of original
film and fifty cents for each additional copy thereof licensed or per-
mitted by the board; all such fees shall be paid by the board into
the treasury of the State, to be kept in a separate fund and paid
out on vouchers approved by the board, which fund shall be ex-
pended only to pay the costs and expenses of said board including
the salaries of the members thereof at two thousand and four hundred
($2,400.00) dollars per annum each. |

8. No license or permit shall be issued for any film unless and
until application therefor shall be made in writing in the form, man-
ner and substance prescribed by the board, and accompanied by the
required fee. Such application shall immediately be given a serial
number which shall by the producer, owner or applicant be made
a permanent part of the principal title portion of the corresponding
film and every copy thereaf for which the permit or license is ap-
plied, in such style and substance as the board shall prescribe.

9. The board shall provide all necessary help, equipment and
adequate offices and rooms in which to properly conduct the work
and affairs of the board in the city of Richmond and the State of
Virginia. :

10. All fines imposed for violation of this act shall be paid into

the State treasury to the credit of the literary fund.
11. If any elimination or disapproval of a film or reel is ordered
by the board, the applicant submitting such film or reel for exami-
nation shall receive immediate notice of such elimination or dis-
approval, and if appealed from, such film, reel or view shall be
promptly re-examined, in the presence of such applicant by all mem-
bers. of the board, and the same finally approved or disapproved
promptly after such re-examination, with the right of appeal from
the decision of the board to the circuit court of Richmond city.

12. Any license or permit issued upon a false or misleading affi-
davit or application shall be wholly void ab initio. Any change or
alteration in a film after license or permit, except the elimination of
a part or except upon written direction of the board, shall be a vio-
lation of this act and shall also make immediately void the license
or permit therefor. - ,

A conviction for a crime committed by the exhibition or unlawful
possession of any film in the State of Virginia shall per se revoke
any outstanding license or permit for said film and the board shall
cause notice thereof to be sent;.to the applicant or applicants.

13. No person or corporation shall exhibit or offer to another
for exhibition purposes any poster, banner or other similar adver-
tising matter in connection with any motion picture film, which
poster, banner or matter 1s obscene, indecent, immoral, inhuman, sac-
religious or of such a character that its exhibition would tend to
corrupt morals or incite to crime. If such poster, banner or similar
advertising matter is so exhibited or offered to another for exhi-
bition it shall be sufficient ground for the revocation of any permit
or license issued by the board.

14: The board shall have authority to enforce the provisions and
purposes of this act; but this shall not be construed to relieve any
State or local peace officer in the State from the duty otherwise im-
posed of detecting and prosecuting violations of the laws of the State
of Virginia. In carrying out and enforcing the purposes of this act,
the board may make all needful rules and regulations not incon-
sistent with the laws of the State of Virginia.

15. The board shall, on or before the fifteenth day of January
in each year, make a detailed report to the governor, copies of which
shall be distributed as are other similar reports. The report shall
show:

(a) A record of its meetings and a summary of its proceedings
during the year.

(b) The results of all examinations of films.
(c) A detailed statement of all prosecutions hereunder.

(d) A detailed statement of all receipts and disbursements made
by or in behalf of the board.

(e) Other information requested by the governor.

(f) A discussion of the work done by the board, and any recom-
mendations by the board of legislative amendments to this act and
recommendations as‘to the educational and recreational uses of motion
pictures and as to those especially suitable for children.

16. Any person, firm or corporation who violates any of the pro-
visions of this act on conviction thereof before any magistrate oI
justice of the peace, shall be sentenced to pay a fine of not less than
twenty-five dollars, nor more than fifty dollars for the first offense
For any subsequent offense the fine shall not be less than fifty dollars
nor more than one hundred dollars. Every day’s exhibition of ¢
film or reel, or of any banner, poster or other like advertising matte
used in connection therewith, shall constitute a separate offense.

17. The several sections and provisions of this act are hereb
declared to be independent of each other; and it is the legislativ
intent that, if any of the said sections or provisions are declared 1
be unconstitution, such sections or provisions shall not affect any

other portion of this act.
18. This act shall take effect August first, nineteen-hundred and