(A) Definitions. 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:
(1) Predominantly appeals to the prurient, shameful or morbid interest 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; and
(3) Is utterly without redeeming social importance for minors.
KNOWINGLY. Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(1) The character and content of any material described herein which is reasonably susceptible of examination by the defendant; and
(2) The age of the minor, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a full 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 depiction of covered male genitals in a discernibly turgid state.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being battered, bound or otherwise physically restrained on the part of 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, if such person be a female, breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(B) Prohibited representations. It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a minor:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human 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 division (1) above, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
(C) Prohibited performances. It shall be unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to 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.
(Ord. passed - - -; Ord. passed 4-22-24)
Penalty, see § 130.99