The Board of Supervisors finds that in the unincorporated area
of Sacramento County:
1. There
is a great volume in the number and variety of crime "comic" books
available to children under the age of eighteen years;
2. These
crime "comic" books resemble closely other publications devoted in
substance to humor; age;
3. These
crime "comic" books are placed for sale side by side with humorous
publications;
4. These
crime "comic" books have been sold or circulated to children under
eighteen years of
5. Many
children have been incited to commit crimes as a consequence of looking
at crime "comic" books;
6. Many
children have been incited to attempt the commitment of a crime as
a consequence of looking at crime "comic" books;
7. There
is a clear and present danger which the Board of Supervisors finds
is great and imminent that the continued sale and circulation in the
unincorporated area of Sacramento County of crime "comic" books to
children will incite the children to commit crimes or attempt to commit
crimes and inculcate a preference in the hands of many of the children
to participate in crime;
8. The
Board of Supervisors specifically finds that the prohibition against
the sale to or circulation of crime "comic" books to children is a
reasonable measure to meet the clear and present danger hereinabove
found.
(Ord. 652 § 1, 1959)
Every person is guilty of a misdemeanor who sells or circulates
any crime "comic" book to any child under the age of eighteen years.
(Ord. 652 § 1, 1959)
This chapter does not apply:
1. To those
accounts of crime which are part of the general dissemination of news;
2. To those
accounts of crime which appear in a newspaper of general circulation;
3. To those
accounts of crime which delineate actual historical events;
4. To those
accounts which delineate occurrences actually set forth in the sacred
scriptures of any religion.
(Ord. 652 § 3, 1959)
As used in this chapter, the following terms shall have the
meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number.
1. "Crime
comic book" means any book, magazine, or pamphlet in which an account
of crime is set forth by means of a series of five or more drawings
or photographs, in sequence, which are accompanied by either narrative
writing or words represented as being spoken by a pictured character,
whether such narrative or words appear in "balloon," captions or on
or immediately adjacent to the photograph or drawing;
2. "In
sequence" means in direct order, excluding intervening breaks which
continue the account, where such intervening breaks:
A. Contain
narrative material, or
B. Contain
a drawing or photograph without words or narrative material;
3. "Crime"
means the commission or attempted commission of an act of arson, burglary,
kidnapping, mayhem, murder, rape, robbery, theft, train-wrecking,
or voluntary manslaughter; or the commission of an act of assault
with a deadly weapon. As the term "crime" is used in subdivision (1),
it includes but is not limited to, acts by human beings, and further
includes acts by animals or any nonhuman, part human, or imaginary
beings, which if performed by a human would constitute any of the
crimes named;
4. "Balloon"
means the outline enclosing words represented as coming from the mouth
of a pictured character;
5. "Person"
means any person, firm, association, organization, partnership, business,
trust, corporation, or company;
6. "Sells"
or "circulates" means to sell, offer for sale, attempt to sell, exhibit,
give away, keep in possession with intent to sell or give away or
in any way furnish or attempt to furnish;
7. "Sacred
scriptures" means the Bible, including any version thereof, or any
writing of similar stature in any established religion.
(Ord. 652 § 4, 1959)