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A. For the purposes of this section the following words shall be defined as follows:
(a) “Minor” means any person under the age of 18 years.
(b) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.
(c) “Sexual conduct” includes any of the following depicted sexual conduct:
(i) Any act of sexual intercourse, actual or simulated, including genital, anal-genital, or oral- genital intercourse, whether between human beings or between a human being and an animal;
(ii) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise physically restricted on the part of one so clothed;
(iii) Masturbation or lewd exhibitions of the genitals including any explicit, closeup representation of a human genital organ;
(iv) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification;
(v) An act of sexual assault where physical violence or drugs are employed to overcome the will of or achieve the consent of a person to an act of sexual conduct and the effects or results of the violence or drugs are shown.
(d) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(e) “Harmful to minors” means that quality of any description or representation in whatever form, or nudity, sexual conduct, or sexual excitement, when it:
(i) Predominantly appeals to the prurient, shameful, or morbid interest of minors in sex; and
(ii) Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and
(iii) Taken as a whole, lacks serious literary, artistic, political or scientific value.
(f) “Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both.
B. It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor any written, photographic, printed, sound, published material or videotape, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sexual excitement and which is harmful to minors.
It is unlawful for any person commercially and knowingly to exhibit, display, sell, offer to sell, lend, give away, circulate, distribute, or attempt to distribute any written, photographic, printed, sound, published material or videotape which is harmful to minors in its context 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.
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 written, photographic, printed, sound, published material or videotape whose cover, covers, or packaging, standing alone, is harmful to minors, in any place where minors are to be present and where minors are able to view such material unless each item of such material is at all times 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.
The provisions of this subdivision 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 18 to enter”, and by enforcing said restrictions.
(Prior code § 192-10.1; Amend Coun. J. 11-26-86, p. 37627; Amend Coun. J. 7-29-87, p. 2824)