(A) No person shall knowingly disseminate, sell or loan for monetary consideration to a minor:
(1) Any picture, photograph, drawing, sculpture, motion picture, film, or similar visual reproduction or image of a person or portion of the body which depicts nudity, sexual conduct or sado- masochistic abuse and which is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in the preceding subdivision (1) hereof, or which contains explicit or detailed verbal accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, when taken as a whole, are harmful to minors.
(B) No person shall knowingly exhibit for a monetary consideration to a minor or knowingly sell to a minor an admission ticket or pass or knowingly 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 sado-masochistic abuse and which is harmful to minors.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning
HARMFUL TO MINORS. That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:
(a) Taken as a whole appeals to the prurient interest in sex of minors; and
(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(c) Taken as a whole lacks serious literary or artistic or political or scientific value.
MINOR. Any person under the age of 18 years.
NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or showing the female breast with less than a full opaque covering, or showing the female breast with less than a full opaque covering of any portion thereof below a point immediately above the areola, or the depiction of covered male genitals in a discernibly turgid state.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, in a revealing costume, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
SEXUAL CONDUCT. Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or female breast.
SEXUAL EXCITEMENT. The condition of the human male or female genitals when in a state of sexual stimulation or excitement.
(D) A person who engages in the conduct prescribed by this section is presumed to do so with knowledge of the character and content of the material sold or loaned, or the motion picture, show or presentation exhibited or to be exhibited.
(E) In any prosecution for disseminating indecent materials to minors, it is an affirmative defense that the defendant has reasonable cause to believe that the minor has reached his eighteenth birthday, and that such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor had reached his eighteenth birthday.
(F) The following are exempt from criminal or other action hereunder:
(1) Recognized and established schools, churches, museums, medical clinics, and physicians, hospitals, public libraries, governmental agencies, governmental sponsored organizations, and persons acting in that capacity as employees or agents of such organization. For the purpose of this section
RECOGNIZED AND ESTABLISHED shall mean an organization or agency having a full-time faculty and diversified curriculum in the case of a school; a church affiliated with a national or regional
denomination; a licensed physician or psychiatrist or clinic of licensed physicians or psychiatrists; and in all other exempt organizations shall refer only to income tax exempted organizations which are supported in whole or in part by tax funds or which receive at least one-third of their support from publicly donated funds.
(2) Individuals in a parental relationship with the minor.
(`77 Code, § 10.311) (Am. Ord. 873, passed 9-12-77) Penalty, see § 10.401