(a) No person, with knowledge of the character of the material or performance involved, shall do any of the following:
(1) Create, reproduce or publish any obscene material that has a minor as one of its participants or portrayed observers;
(2) Promote or advertise for sale or dissemination; sell, deliver, disseminate, display, exhibit, present, rent or provide; or offer or agree to sell, deliver, disseminate, display, exhibit, present, rent or provide any obscene material that has a minor as one of its participants or portrayed observers;
(3) Create, direct or produce an obscene performance that has a minor as one of its participants;
(4) Advertise or promote for presentation, present or participate in presenting an obscene performance that has a minor as one of its participants;
(5) Buy, procure, possess or control any obscene material that has a minor as one of its participants;
(6) Bring or cause to be brought into this City any obscene material that has a minor as one of its participants or portrayed observers.
(b) (1) This section does not apply to any material or performance that his sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this City, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
(2) Mistake of age is not a defense to a charge under this section.
(3) In a prosecution under this section, the trier of fact may infer that a person in the material or performance involved is a minor if the material or performance, through its title, text, visual representation or otherwise, represents or depicts the person as a minor.
(c) Whoever violates this section is guilty of pandering obscenity involving a minor, a misdemeanor of the second degree. (Ord. 1989-198. Passed 10-24-89.)