(a) 
Intent where text is not prominently featured. It is the intent of this division to include publications where the text is not prominently featured, but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters.
(b) 
News accounts not included. This division shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs as are used to illustrate such accounts.
(c) 
Historical or literary publications not included. This division shall not be construed to apply to legitimate, illustrated or historical accounts of crime.
(Code 1974, § 11-33)
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.
(2) 
Aggravated assault.
(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.
(9) 
Burglary.
(10) 
False imprisonment.
(11) 
Kidnapping and abduction.
(12) 
Maiming and disfiguring.
(13) 
Malicious mischief.
(14) 
Murder.
(15) 
Rape.
(16) 
Robbery.
(17) 
Theft.
(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)