As used in this Article, the following terms shall have the
meanings set forth herein:
DEVIATE SEXUAL INTERCOURSE
Any act involving the genitals of one person and the hand,
mouth, tongue or anus of another person or a sexual act involving
the penetration, however slight, of the penis, female genitalia, or
the anus by a finger, instrument or object done for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
SEXUAL CONDUCT
Sexual intercourse, deviate sexual intercourse or sexual
contact.
SEXUAL CONTACT
Any touching of another person with the genitals or any touching
of the genitals or anus of another person, or the breast of a female
person, or such touching through the clothing, or causing semen, seminal
fluid, or other ejaculate to come into contact with another person,
for the purpose of arousing or gratifying the sexual desire of any
person or for the purpose of terrorizing the victim.
A person commits the offense of sexual abuse in the second degree
if he/she purposely subjects another person to sexual contact without
that person's consent.
[CC 1987 §265.180; Ord. No. 515 §1, 4-30-1962]
A. Obscene Publications Prohibited. It shall be unlawful for
any person to sell, offer for sale, attempt to sell, exhibit, give
away, distribute, keep in his/her possession with intent to sell or
give away, or in any way furnish or attempt to furnish to any minor,
any picture, comic book, magazine or other publication which is of
an obscene or indecent nature.
B. Certain Crime Publications Prohibited. It shall be unlawful
for any person to sell, offer for sale, attempt to sell, exhibit,
give away, distribute, or have possession with intent to sell or give
away or in any way furnish to a minor, any comic book, magazine or
other publication which contains an account of crime so illustrated
or so written and illustrated as to tend to incite minors to crimes,
with the following exceptions:
1. Certain news publications. This Chapter shall not
be construed to apply to those publications wherein accounts of crime
are a part of the ordinary and general dissemination of news, nor
to such drawings and photographs as are used to illustrate such accounts.
2. Historical publications. This Chapter shall not
be construed to apply to publications which contain historical accounts
of crime and are not so illustrated as to tend to incite minors to
crime.
C. Presumption From Displaying. If any publication prohibited
hereunder from being furnished or exhibited to minors shall be displayed
in any newsstand, book store, drug store, market, or other commercial
establishment, where the said publication may be seen by any minor
visiting such establishment, such display shall be prima facie evidence
that the person in charge of such establishment was then exhibiting
the particular publication and intended to sell, offer for sale, distribute,
furnish or attempt to furnish such comic book, magazine or other publication,
to a minor or minors in violation of this Chapter, but it shall be
competent for the defendant in any such case to show that no such
intention existed.