§ 11.28.140. Indecent publications—Sale or exhibition in places frequented by minors.

A.

Every person who shall wilfully engage in the business of selling, lending, giving away, showing, advertising for sale or distributing to any person under the age of eighteen years of age, or has in his possession with intent to engage in the said business or to otherwise offer for sale or commercial distribution to any individual under the age of eighteen years of age, or who shall display at newsstands or any other business establishments frequented by minors under the age of eighteen years of age, or where said minors are or may be invited as a part of the general public any motion picture, live show, or any still picture or photograph or any book, pocket book, pamphlet or magazine, the cover or content of which exploits, is devoted to, or is principally made up of descriptions or depictions of illicit sex or sexual immorality or which is lewd, lascivious or indecent, or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex, lust or perversion for commercial gain or any article or instrument of indecent or immoral use shall, upon conviction, be punished by a fine of not more than five hundred dollars.

B.

For the purposes of this section:

1.

"Description or depictions of illicit sex or sexual immorality" means:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy;

c.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

2.

"Nude or partially denuded figures" means:

a.

Less than completely and opaquely covered:

i.

Human genitals,

ii.

Pubic regions,

iii.

Buttock, and

iv.

Female breast below a point immediately above the top of the areola;

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

3.

"Knowingly" means having knowledge of the character and content of the publication or failure on notice to exercise reasonable inspection which would disclose the content and character of the same.

(Ord. 95-1329 § 7, 1995; prior code § 29-1-41.5)