To commit a violation of §§ 9.96.030 and 9.96.040 of this chapter, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person's genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when to the average adult person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront, when such book, magazine, or other publication or matter is not wrapped, stapled closed, sealed or covered as required by §§ 9.96.030 and 9.96.040 of this chapter.
('86 Code, § 9.96.060) (Ord. 3839, passed - - ) Penalty, see § 9.96.110