When used in this Article, the following terms shall have the
meanings set out herein:
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Anything printed or written, or any picture, drawing, photograph,
motion-picture film, videotape or videotape production, or pictorial
representation, or any recording or transcription, or any mechanical,
chemical or electrical reproduction, or stored computer data, or anything
which is or may be used as a means of communication. "Material" includes
undeveloped photographs, molds, printing plates, stored computer data,
and other latent representational objects.
Any person less than eighteen (18) years of age.
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque covering
of any part of the nipple or areola.
Any material or performance if, taken as a whole:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
A reasonable person would find the material lacks serious literary,
artistic, political or scientific value.
Any play, motion-picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any material or performance if the following apply:
The average person, applying contemporary community standards,
would find that the material or performance, taken as a whole, has
a tendency to cater or appeal to a prurient interest of minors; and
The material or performance depicts or describes nudity, sexual
conduct, the condition of human genitals when in a state of sexual
stimulation or arousal or sadomasochistic abuse in a way which is
patently offensive to the average person applying contemporary adult
community standards with respect to what is suitable for minors; and
The material or performance, taken as a whole, lacks serious
literary, artistic, political or scientific value for minors.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, present, exhibit
or advertise, or to offer or agree to do the same, by any means, including
a computer.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
Actual or simulated, normal or perverted acts of human masturbation;
deviate sexual intercourse; sexual intercourse; or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks,
or the breast of a female in an act of apparent sexual stimulation
or gratification; or any sadomasochistic abuse or acts, including
animals or any latent objects in an act of apparent sexual stimulation
or gratification.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
A.
A person commits the offense of promoting pornography for minors
or obscenity if, knowing of its content and character, he/she:
1.
Promotes or possesses with the purpose to promote any obscene
materials for pecuniary gain; or
2.
Produces, presents, directs or participates in any obscene performance
for pecuniary gain; or
3.
Promotes or possesses with the purpose to promote any material
pornographic for minors for pecuniary gain; or
4.
Produces, presents, directs or participates in any performance
pornographic for minors for pecuniary gain; or
5.
Promotes, possesses with the purpose to promote, produces, presents,
directs or participates in any performance that is pornographic for
minors via computer, electronic transfer, Internet or computer network
if the person made the matter available to a specific individual known
by the defendant to be a minor.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of furnishing pornographic material
to minors if, knowing of its content and character, he/she:
1.
Furnishes any material pornographic for minors knowing that
the person to whom it is furnished is a minor or acting in reckless
disregard of the likelihood that such person is a minor; or
2.
Produces, presents, directs or participates in any performance
pornographic for minors that is furnished to a minor knowing that
any person viewing such performance is a minor or acting in reckless
disregard of the likelihood that a minor is viewing the performance;
or
3.
Furnishes, produces, presents, directs, participates in any
performance or otherwise makes available material that is pornographic
for minors via computer, electronic transfer, Internet or computer
network if the person made the matter available to a specific individual
known by the defendant to be a minor.
B.
It is not a defense to a prosecution for a violation of this Section
that the person being furnished the pornographic material is a Peace
Officer masquerading as a minor.
C.
The offense of furnishing pornographic material to minors or attempting
to furnish pornographic material to minors is an ordinance violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[CC 1990 § 17-170; Ord. No. 2267 §§ 1 — 4, 5-15-2006]
A.
HARMFUL TO MINORS
a.
b.
c.
KNOWINGLY
a.
b.
MINOR
NUDITY
OBSCENE
a.
b.
c.
PERFORMANCE
SEXUAL CONDUCT
a.
b.
c.
d.
e.
SEXUAL EXCITEMENT
Definitions. For the purposes of this Chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
The quality of any description or representation, in whatever
form, of nudity, sexual conduct or sexual excitement, when it:
Predominately appeals to the prurient, shameful or morbid interest
of minors in sex;
Is patently offensive to contemporary standards in the adult
community as a whole with respect to what is suitable sexual material
for minors; and
Taken as a whole, excepting a cover which shall stand alone,
lacks serious literary, artistic, political or scientific value.
Having a general knowledge of or reason to know or a belief
or ground for belief, which warrants further inspection or inquiry
or both:
The character and content of any material which is reasonably
susceptible of examination by the defendant; and
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a reasonable bona fide attempt to ascertain the true age of such
minor.
Any person under the age of eighteen (18) years.
The showing of 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 or the depiction of covered
male genitals in a discernible turgid state.
Any material or performance is obscene, if:
The average person, applying contemporary adult community standards,
would find that, taken as a whole, the material or performance appeals
to the prurient interest in sex;
The average person, applying contemporary adult community standards,
would find that, taken as a whole, the material or performance depicts,
describes or portrays in a patently offensive way human sexual intercourse,
sodomy, bestiality, oral copulation, masturbation, urinary and defecatory
functions, sadism, masochism, sadomasochistic abuse, lewd exhibition
of the genitals or any touching of the genitals, pubic areas or buttocks
of the human male or female or the breasts of the female, whether
alone or between members of the same or opposite sex or between humans
and animals in an act of apparent sexual stimulation or gratification;
and
The reasonable person, when taking the material or performance
as a whole, would find that it lacks serious social, literary, artistic,
political or scientific value.
Any play, motion picture, dance or other exhibition performed
before an audience.
Includes any of the following depicted sexual conduct:
Any act of sexual intercourse, actual or simulated, including
genital-genital, anal-genital or oral-genital intercourse, whether
between human beings or between human beings and an animal.
Sadomasochistic abuse, meaning flagellation or torture by or
upon a person who is nude or clad in undergarments or in a revealing
costume or the condition of being fettered, bound or otherwise physically
restricted on the part of one so clothed.
Masturbation or lewd exhibitions of the genitals including any
explicit, close-up representation of a human genital organ.
Physical contact or simulated physical contact with the clothed
or unclothed pubic areas or buttocks of a human male or female or
the breasts of the female, whether alone or between members of the
same sex or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
Published or printed material depicting an act of sexual assault
where physical violence or drugs are employed to overcome the will
of or achieve the consent of a person to an act of sexual conduct
and the effects or results of the violence or drugs are shown.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
B.
Public display of obscene sexual material or an obscene performance
is unlawful. A person is guilty of the public display of obscene sexual
material or an obscene performance when, with knowledge of its character
and content, he/she displays or permits to be displayed in or on any
window, showcase, newsstand, display rack, stage, performance area,
public space, wall, door, billboard, display board, viewing screen,
moving picture screen, marquee or similar place, in such a manner
that the display is easily visible from or in any public street, sidewalk
or thoroughfare; transportation facility; or any place accessible
to members of the public and including, but not limited to, schools,
bars, restaurants, clubs, places of amusement, parks and playgrounds
but excluding rooms or apartments designed for actual residence —
no display in these rooms, however, may be displayed in a manner that
would make the material easily visible from a public street, sidewalk
or thoroughfare; any performance, pictorial, three-dimensional or
other visual representation of a person or a portion of the human
body that is obscene and that:
1.
Depicts nudity or actual or simulated sexual conduct; or
2.
Depicts or appears to depict nudity or actual or simulated sexual
conduct, with the area of the male or female subject's unclothed or
apparently unclothed genitals, pubic area or buttocks or of the female
subject's unclothed or apparently unclothed breast, unless obscured
by a covering or mark placed or printed on or in front of the material
displayed or obscured or altered in any other manner.
C.
It is unlawful for any person commercially and knowingly to exhibit,
display, sell, offer to sell, give away, circulate, distribute or
attempt to distribute any material which is harmful to minors in its
content in any place where minors are or may be present or allowed
to be present and where minors are able to view such materials unless
each item of such material is at all times kept in a sealed wrapper.
1.
It is also unlawful for any person commercially and knowingly
to exhibit, display, sell, offer to sell, give away, circulate, distribute
or attempt to distribute any material whose cover, covers or packaging,
standing alone, is harmful to minors in any place where minors are
or may be present or allowed to be present and where minors are able
to view such material unless each item of such materials is blocked
from view by an opaque cover. The requirement of opaque cover shall
be deemed satisfied concerning such material if those portions of
the cover, covers or packaging containing such materials harmful to
minors is blocked from view by an opaque cover.
2.
The provisions of this Section shall not apply to distribution
or attempt to distribute by the exhibition, display, sale, offer of
sale, circulation, giving away of material harmful to minors where
such material is sold, exhibited, displayed, offered for sale, given
away, circulated, distributed or attempted to be distributed under
circumstances where minors are not present, not allowed to be present
or are not able to view such materials or the cover, covers or packaging
of such material. Any business may comply with the requirements of
this clause by physically segregating such material in a manner so
as to physically prohibit the access to and view of the material by
minors, by prominently posting at the entrance(s) to such restricted
area "Adults Only — You must be eighteen (18) to enter" and
by enforcing said restrictions.
3.
All acts of distribution or attempt to distribute by the exhibition, display, sale, offer of sale, circulation, giving away of material harmful to minors where such material is sold, exhibited, displayed, offered for sale, given away, circulated, distributed or attempted to be distributed under circumstances where minors are not present, not allowed to be present or are not able to view such materials or the cover, covers or packaging of such material shall take place only in such areas as are permitted pursuant to Chapter 605, Article VII.
D.
The following are exempt from criminal or other action hereunder:
1.
Recognized and established schools, religious institutions,
museums, medical clinics and physicians, hospitals, public libraries,
governmental agencies or quasi-governmental sponsored organizations,
and persons acting in their capacity as employees or agents of such
organization. For the purpose of this Section, "recognized and established"
shall mean an organization or agency having a full-time faculty and
diversified curriculum in the case of a school; a religious institution
affiliated with a national or regional denomination; a licensed physician
or psychiatrist or clinic of licensed physicians or psychiatrists;
and in all other exempt organizations shall refer only to income tax
exempted organizations which are supported in whole or in part by
tax funds or which receive at least one-third (1/3) of their support
from publicly donated funds.
2.
Individuals in a parental relationship with the minor.
