For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.
HARMFUL TO MINORS: That quality of any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement, when it:
A. Predominantly appeals to the prurient, shameful or morbid interest of minors in sex; and
B. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and
C. Taken as a whole, lacks serious literary, artistic, political or scientific value.
KNOWINGLY: A. Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both;
B. The character and content of any material which is reasonably susceptible of examination by the defendant; and
C. 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.
MINOR: Any person under the age of eighteen (18) years.
NUDITY: 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 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.
SEXUAL CONDUCT: Includes any of the following depicted sexual conduct:
A. 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;
B. 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;
C. Masturbation or lewd exhibitions of the genitals, including any explicit, close up representation of a human genital organ;
D. Physical contact or simulated physical contact with the clothed or unclothed 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;
E. 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.
SEXUAL EXCITEMENT: The condition of human male or female genitals when in a state of sexual stimulation or arousal. (Ord. 388, 2-14-1989)