(a) It is the purposes of this section to prohibit the display of sexual materials which are harmful to minors as defined in this section; to protect persons from potential offense through involuntary exposure to such materials; and to aid parents and guardians in supervising and controlling the access of minors to such material. The board of commissioners finds that whatever social values such material may have for minors can adequately be served by its availability to young persons through their parents or guardians.
(b) As used in this section, the following words shall mean:
Display shall mean to exhibit in a place where minors are able to see it.
Harmful to minors shall mean that quality of any depiction or representation, in pictorial form, of nudity or sexual conduct, when it:
(1) Considered as a whole appeals to the prurient interest in sex of minors;
(2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors;
(3) Considered as a whole, lacks serious literary, artistic, political, or scientific value for minors.
Knowingly shall mean having general knowledge of, or reason to know, or a belief or ground for a belief, which warrants further inspection or inquiry of both of the following:
(1) The character and content of any material described in this section which is reasonably susceptible of examination; and
(2) The age of the person; provided, that an honest mistake shall constitute an excuse from liability hereunder if a reasonable bona fide attempt is made to ascertain the true age of the person.
Minor shall mean any person who has not attained the age of eighteen (18) years.
Nudity shall mean the showing of the human male and female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the visual depiction of covered male genitals in a discernible turgid state, or the showing of the human body in such a manner as to emphasize the pictorial depiction of adult human genitals, buttocks, or the female breast.
Sexual conduct shall mean an act of masturbation, homosexuality, sexual intercourse, beastiality, sodomy, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast.
(c) Any person who shall wilfully and knowingly display at newsstands or any other business establishment frequented by minors, or where such minors are or may be invited as part of the general public, any picture or photograph, or any book, pamphlet, or magazine, the cover or content of which is harmful to minors as defined above commits an offense under this section.
(d) Any works of art, or of anthropological significance, or materials when presented in a program of education in a church, library, school or college shall not be deemed to be within the foregoing definitions; further, the prohibitions of this section shall not apply to broadcasts of telecasts through facilities licensed under the Federal Communications Act, 47 U.S.C. Section 201 et seq.
(Ord. No. 1324, § 5, 12-23-83)
State law reference--Pornography, KRS Ch. 531.