When used in this Article, the following terms shall have the
meanings set out herein:
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Anything printed or written, or any picture, drawing, photograph,
motion-picture film, videotape or videotape production, or pictorial
representation, or any recording or transcription, or any mechanical,
chemical or electrical reproduction, or stored computer data, or anything
which is or may be used as a means of communication. "Material" includes
undeveloped photographs, molds, printing plates, stored computer data,
and other latent representational objects.
Any person less than eighteen (18) years of age.
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque covering
of any part of the nipple or areola.
Any material or performance if, taken as a whole:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
A reasonable person would find the material lacks serious literary,
artistic, political or scientific value.
Any play, motion-picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any material or performance if the following apply:
The average person, applying contemporary community standards,
would find that the material or performance, taken as a whole, has
a tendency to cater or appeal to a prurient interest of minors; and
The material or performance depicts or describes nudity, sexual
conduct, the condition of human genitals when in a state of sexual
stimulation or arousal or sadomasochistic abuse in a way which is
patently offensive to the average person applying contemporary adult
community standards with respect to what is suitable for minors; and
The material or performance, taken as a whole, lacks serious
literary, artistic, political or scientific value for minors.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, present, exhibit
or advertise, or to offer or agree to do the same, by any means including
a computer.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
Actual or simulated, normal or perverted acts of human masturbation;
deviate sexual intercourse; sexual intercourse; or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks,
or the breast of a female in an act of apparent sexual stimulation
or gratification; or any sadomasochistic abuse or acts including animals
or any latent objects in an act of apparent sexual stimulation or
gratification.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
A.Â
A person commits the offense of promoting pornography for minors
or obscenity if, knowing of its content and character, he/she:
1.Â
Promotes or possesses with the purpose to promote any obscene
materials for pecuniary gain; or
2.Â
Produces, presents, directs or participates in any obscene performance
for pecuniary gain; or
3.Â
Promotes or possesses with the purpose to promote any material
pornographic for minors for pecuniary gain; or
4.Â
Produces, presents, directs or participates in any performance
pornographic for minors for pecuniary gain; or
5.Â
Promotes, possesses with the purpose to promote, produces, presents,
directs or participates in any performance that is pornographic for
minors via computer, electronic transfer, Internet or computer network
if the person made the matter available to a specific individual known
by the defendant to be a minor.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.Â
A person commits the offense of furnishing pornographic material
to minors if, knowing of its content and character, he/she:
1.Â
Furnishes any material pornographic for minors knowing that
the person to whom it is furnished is a minor or acting in reckless
disregard of the likelihood that such person is a minor; or
2.Â
Produces, presents, directs or participates in any performance
pornographic for minors that is furnished to a minor knowing that
any person viewing such performance is a minor or acting in reckless
disregard of the likelihood that a minor is viewing the performance;
or
3.Â
Furnishes, produces, presents, directs, participates in any
performance or otherwise makes available material that is pornographic
for minors via computer, electronic transfer, Internet or computer
network if the person made the matter available to a specific individual
known by the defendant to be a minor.
B.Â
It is not a defense to a prosecution for a violation of this Section
that the person being furnished the pornographic material is a Peace
Officer masquerading as a minor.
C.Â
The offense of furnishing pornographic material to minors or attempting
to furnish pornographic material to minors is an ordinance violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.Â
It
is unlawful for any person commercially and knowingly to exhibit,
display, sell, offer to sell, give away, circulate, distribute or
attempt to distribute any material which is harmful to minors in its
content in any place where minors are or may be present or allowed
to be present and where minors are able to view such material unless
each item of such material is at all times kept in a sealed wrapper.
B.Â
It
is also unlawful for any person commercially and knowingly to exhibit,
display, sell, offer to sell, give away, circulate, distribute or
attempt to distribute any material whose cover, covers or packaging,
standing alone, is harmful to minors in any place where minors are
or may be present or allowed to be present and where minors are able
to view such material unless each item of such materials is blocked
from view by an opaque cover. The requirement of an opaque cover shall
be deemed satisfied concerning such material if those portions of
the cover, covers or packaging containing such material harmful to
minors are blocked from view by an opaque cover.
C.Â
The
provisions of this Section shall not apply to distribution or attempt
to distribute the exhibition, display, sale, offer of sale, circulation,
giving away of material harmful to minors where such material is sold,
exhibited, displayed, offered for sale, given away, circulated, distributed
or attempted to be distributed under circumstances where minors are
not present, not allowed to be present or are not able to view such
material or the cover, covers or packaging of such material. Any business
may comply with the requirements of this clause by physically segregating
such material in a manner so as to physically prohibit the access
to and view of the material by minors by prominently posting at the
entrance(s) to such restricted area "Adults Only — You must
be eighteen (18) years of age to enter" and by enforcing said restrictions.