[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 11, Ch. 4 of the 1989 Code of Ordinances. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
That quality of any description or representation, in whatever form,
of nudity, sexual conduct, sexual excitement or sadomasochistic abuse which,
taken as a whole, appeals to the prurient interest in sex; which, taken as
a whole, portrays sexual conduct in a patently offensive way; and which, taken
as a whole, does not have serious literary, artistic, political or scientific
value. Whether a work appeals to the prurient interest and whether it depicts
or describes sexual conduct in a patently offensive way and whether it has
serious literary, artistic, political or scientific value are to be determined
by applying contemporary community standards in the adult community as a whole
with respect to what is suitable material for minors.
Having general knowledge of or reason to know or a belief or grounds
for belief which warrants further inspection or inquiry of both the character
and content of any material described herein which is reasonably suspect under
this chapter 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 18 years.
The showing of the human male or female genitals, pubic area or buttocks
with less than a full 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 discernibly turgid
state.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume or the condition of being fettered, bound or otherwise
physically restrained on the part of one so clothed.
Acts of sexual intercourse between humans, normal or perverted, actual
or simulated, acts of masturbation, fellatio and cunnilingus and acts of excretory
function, lewd exhibition of the genitals, especially in a stimulated condition,
and sexual relations between humans and animals.
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
It shall be unlawful for any person knowingly to:
A.
Exhibit for a monetary consideration to a minor or knowingly
to sell to a minor an admission ticket or pass or knowingly to admit a minor
for a monetary consideration to premises whereon there is exhibited a motion
picture, show or other presentation which, in whole or in part, depicts nudity,
sexual conduct or sadomasochistic abuse and which is harmful to minors, unless
such minor is accompanied by his or her parent or legal guardian.
B.
Sell or loan for monetary consideration to a minor:
(1)
Any picture, photograph, drawing, sculpture, motion picture
film or similar visual representation or image of a person or portion of the
human body which depicts nudity, sexual conduct or sadomasochistic abuse and
which is harmful to minors.
(2)
Any book, pamphlet, magazine or printed matter, however produced, or sound recording which contains any material enumerated in Subsection B(1) hereof or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
C.
Admit a minor to any premises whereon there is exhibited
nudity, sexual conduct or sadomasochistic abuse which is harmful to minors,
unless such minor is accompanied by his/her parent or legal guardian.
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(State law reference: W.S.A. s. 944.25[2])
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[2]
Editor's Note: Said s. 944.25 was repealed by 1987 Act 332. See
now W.S.A. s. 948.11.
