A.
HARMFUL TO MINORS
KNOWINGLY
(1)
(2)
KNOWLEDGE OF THE MINOR'S AGE
MINOR
NUDITY
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SEXUAL EXCITEMENT
Definitions. As used in this section, 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 ground 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 section; 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.
Is defined to be acts of sexual intercourse between humans,
normal or perverted, actual or simulated, acts of masturbation, fellatio,
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.
B.
It shall be unlawful for any person knowingly to 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 parent or legal guardian.
C.
It shall be unlawful for any person knowingly to 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, printed matter however produced, or sound recording which contains any material enumerated in Subsection C(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.
D.
It shall be unlawful for any person knowingly to 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.
A.
OBSCENE MATERIAL
OBSCENE PERFORMANCE
(1)
(2)
(3)
SEXUAL CONDUCT
Definitions. In this section, the following words shall have the
following definitions:
A writing, picture, sound recording or film.
A live exhibition before an audience which:
The average person, applying contemporary community standards,
would find appeals to prurient interests if taken as a whole;
Under contemporary community standards, describes or shows sexual
conduct in a patently offensive way; and
Lacks serious literary, artistic, political or scientific value
as measured by objective standards if taken as a whole.
The commission of simulation of the following: sexual intercourse,
sodomy, bestiality, necrophilia, human excretion, masturbation, sadism,
masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
B.
Whoever does any of the following with knowledge of the character
and content of the material or performance is guilty of a violation
of the Code of the Village of Monticello:
(1)
Imports, prints, advertises, sells, has in his or her possession
for sale, or publishes, exhibits or transfers any obscene material.
(2)
Advertises, produces or performs in any obscene performance.
(3)
Has in his or her possession, with intent to transfer or exhibit
to a person under the age of 18 years, any obscene material.
(4)
Transfers or exhibits any obscene materials to a person under the
age of 18 years.
(5)
Requires, as a condition to the purchase of periodicals, that a retailer
accept obscene material.
