The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Obscene
means offensive to chastity of mind or to modesty; expressing
or presenting to the mind or view something that delicacy, purity
and decency forbids to be exposed; offensive to modesty, decency or
chastity; calculated to corrupt, deprave and debauch the morals of
the people and promote violation of law; where the dominant theme
of the material taken as a whole appeals to a prurient interest in
sex; where the material is patently offensive because it affronts
contemporary community standards relating to the description of representation
of sexual matters; and where the material is utterly without redeeming
social value.
(Code 1974, § 11-30)
It shall be unlawful for any person, with knowledge of the contents
thereof, to sell, offer for sale, attempt to sell, exhibit, give away,
keep in his possession with intent to sell or give away, or in any
way furnish or attempt to furnish to any person any illustrated comic
book, photographic magazine or other publication which, read as a
whole, is of an obscene nature.
(Code 1974, § 11-31)
It shall be unlawful and an offense for any person, with knowledge
of the contents thereof, to sell, offer for sale, attempt to sell,
exhibit, give away, keep in his possession with the intent to sell
or give away, or in any way to furnish or attempt to furnish to any
child under 18 years of age any comic book, photographic magazine
or other publication which, read as a whole, is concerned with an
account of crime and which depicts, by the use of drawings, the following
crimes as defined in the several chapters and articles of the penal
code of the state:
(1) Administering
poisonous and injurious potions.
(3) Arson
and other willful burning.
(4) Assault
in attempting burglary.
(5) Assault
to maim or disfigure.
(6) Assault
with intent to commit rape.
(7) Assault
with intent to commit robbery.
(8) Assault
with intent to murder.
(11) Kidnapping
and abduction.
(18) Conspiracy
to commit any of the foregoing offenses.
(Code 1974, § 11-32)
If any publication prohibited by this division shall be displayed
in any newsstand, bookstore, drugstore, market or other mercantile
establishment where the prohibited publication may be seen by any
child under 18 years of age visiting such establishment, such display
shall be prima facie evidence that the person in charge of such establishment
was then exhibiting the crime comic book or other prohibited publication,
with knowledge of the contents thereof, and intended to sell, offer
for sale, furnish or attempt to furnish such prohibited publication
to a child under 18 years of age in violation of this article, but
it shall be competent for the defendant in any such case to show that
no such intention existed.
(Code 1974, § 11-34)
(a) Definition.
In this section, “display” means to locate an item
in such a manner that it is available to the general public for handling
and inspection or that the cover or outside packaging on an item is
visible to members of the general public without obtaining assistance
from an employee of a business establishment.
(b) Offense.
A person commits an offense if, in a business establishment
open to persons under the age of 17 years, he displays a book, pamphlet,
newspaper, magazine, film, or videotape with the knowledge that it
depicts:
(1) Human
sexual intercourse, masturbation, or sodomy;
(2) Fondling
or other erotic touching of human genitals, pubic region, buttocks,
or female breasts;
(3) Less
than completely and opaquely covered human genitals, buttocks or that
portion of the female breast below the top of areola; or
(4) Human
male genitals in a discernibly turgid state, whether covered or uncovered,
in a manner calculated to arouse a sexual lust or passion for
commercial gain, or to exploit sexual lust or perversion for commercial
gain.
|
(c) Penalty
for violation.
Any person violating the terms and provisions of this section shall be deemed guilty of a misdemeanor and shall be punished as provided in section
1-12 of this Code. Each day that such violation continues shall be a separate offense. This penalty shall be cumulative of all other remedies.
(Code 1974, § 11-15; Ordinance 1077, § XX, 5-12-92)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in section
1-12. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. If more than one publication prohibited by this article shall be offered, exhibited, kept or displayed in violation of this article, at the same location by the same person, the offer, exhibition, keeping or display of each separate prohibited publication shall constitute a separate offense and shall be punishable as such hereunder. If two or more prohibited publications are furnished or sold at the same time by the same person, the sale or furnishing of each shall constitute a separate offense and shall be punishable as such hereunder.
(Code 1974, § 11-35)