For the purposes of this section, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A. "Harmful
to minors" means that quality of any description or representation
in whatever form when, taken as a whole, it:
1. Predominantly
appeals to the prurient, shameful or morbid interest of minors,
2. Is
patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors,
3. Is
utterly without redeeming social importance for minors;
B. "Knowingly"
means having general knowledge of or reason to know, or a belief or
ground for belief which warrants further inspection or inquiry of
both:
1. The
character and content of any material described herein which is reasonably
susceptible of examination by the defendant,
2. 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.
C. "Matter"
means any book, magazine, newspaper or other printed or written material,
or any picture, drawing, photograph, motion picture or other pictorial
representation, or any statue or other figure, or any recording transcription
or mechanical, chemical or electrical reproduction, or any other articles,
equipment, machines or materials.
D. "Minor"
means any natural person under the age of eighteen years.
E. "Person"
means any individual, partnership, firm, association, corporation
or other legal entity.
Every person who knowingly sells, circulates or exhibits to
a minor matter which is harmful to minors is guilty of a misdemeanor.
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(Prior code § 18-15)