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A. Showing Unlawful: It is unlawful for any person to wilfully or knowingly show at or in an outdoor theater any motion picture that is harmful to minors if such motion picture, or any part or portion thereof, can be seen or viewed by a minor from a place or position outside the theater premises, or viewing area associated therewith, whether or not such premises or viewing area is enclosed by fence or wall.
B. Definitions: Whenever used in this section, the following words and phrases shall be defined as follows:
MINOR, HARMFUL TO MINORS, NUDITY, SEXUAL CONDUCT, SEXUAL EXCITEMENT AND SADOMASOCHISTIC ABUSE: Shall have the same meanings as those set forth for such words and phrases in section 10.28.090 of this chapter.
MOTION PICTURE: Means and includes movie, slide or still projection, photograph, or negative thereof, videotape, drawing, sketch, engraving, print, painting, picture, image, recording, reproduction, physical object, or any visual representation of any kind or nature however made or displayed, including the voice or sound associated therewith.
OUTDOOR THEATER: Means and includes drive in, amphitheater, arena, stadium, field, park, or any place or area where an audience may assemble that is not completely enclosed by floor, walls and ceiling or roof, with building or construction materials.
PERSON: Shall not be limited to individuals only, but means and includes public and private corporations, firms, joint associations, partnerships, and educational, scientific and religious institutions, organizations and associations. The word "person" shall also apply to the plural as well as the singular and when being applied to a natural person shall include both male and female.
SHOW: Means and includes the words exhibit, publish, advertise, depict, portray, represent, describe, recite, or any other manner or method of visual or aural representation.
WILFULLY AND KNOWINGLY: Shall have the same meanings as those set forth in section 10.28.050 of this chapter.
C. Penalty: Any person committing any such act shall be guilty of a misdemeanor for each day of violation hereof. (1999 Code)
It is unlawful for any person under the age of eighteen (18) years to knowingly have in his possession or control any article or material of whatever nature that is determined to be "obscene", or that is "harmful" to minors as defined in sections 10.28.090 and 10.28.100 of this chapter. Any person committing any such act shall be guilty of a misdemeanor for each day of violation hereof. (1999 Code)
It is unlawful for any person to procure for any other person under disability by reason of age any article or material that such person under such disability is forbidden by law to purchase or have in his possession or control. Any person committing any such act shall be guilty of a misdemeanor for each day of violation hereof. (1999 Code)
A. Definitions: As used in this section:
HARMFUL TO MINORS: That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
1. Predominantly appeals to the prurient interest of minors; and
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 without serious literary, artistic, political or scientific value.
KNOWINGLY: Having general knowledge of, or reason to know, or a belief or ground for belief that warrants further inspection or inquiry, or both, as to:
1. The character and content of any material described herein that 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.
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.
SADOMASOCHISTIC ABUSE: Flagellation or torture by or upon a person for the purpose of erotic pleasure.
SEXUAL CONDUCT: The acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
SEXUAL EXCITEMENT: The condition of the human male or female genitals when in a state of sexual stimulation or arousal.
B. Distribution: It is unlawful for any person, and such person shall be guilty of a misdemeanor for each day of violation hereof, to knowingly sell, loan or give 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 that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse, and that is harmful to minors; or
2. Any book, pamphlet, magazine, printed matter (however reproduced), or sound recording that contains any matter enumerated in subsection B1 of this section, or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
C. Exhibition: It is unlawful for any person, and such person shall be guilty of a misdemeanor for each day of violation hereof, to knowingly exhibit to a minor, or knowingly sell to a minor an admission ticket or pass, or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show or other presentation that, in whole or in part, depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse, and that is harmful to minors.
D. Motion Picture Ratings: Any motion picture rated NC-17 by the motion picture association, or any motion picture carrying an "X" rating shall be deemed to be harmful to minors under this section.
E. Penalty: A violation of any provision of this section shall constitute a misdemeanor. (1999 Code)
A. Prohibited Acts: It is unlawful for any person, and such person shall be guilty of a misdemeanor for each day of violation hereof, to wilfully or knowingly act in, pose for, model for, print, draw, design or otherwise prepare, sell, offer for sale, give away, exhibit, publish or offer to publish, or have in his possession or under his control with the intent to sell, offer for sale or otherwise distribute any obscene book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, image, cast, slide, figure, instrument, statue, drawing or presentation, or other article of material that is obscene.
B. Definitions: As used in this chapter:
KNOWINGLY: To have actual or constructive knowledge of the contents of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter, and if the failure to inspect is for the purpose of avoiding such disclosure.
OBSCENE: To the average adult person applying contemporary community standards, means the dominant theme of the material or conduct, taken as a whole, appeals to the prurient interest and is without serious literary, artistic, political or scientific value. A "prurient interest" is a lewd, shameful or morbid interest in nudity, sex, or excretion.
WILFULLY: A purpose or willingness to commit the act or to omit an act as required herein. (1999 Code)