(A) Unlawful display. It is unlawful for any person to knowingly display to view at newsstands or any other business establishment frequented by minors under the age of 18 years, or where these minors are or may be invited as a part of the general public, any book, pocket book, pamphlet or magazine, the cover of which exploits, is devoted to or is principally made up of descriptions or depictions of illicit sex or sexual immorality, or which is lewd, lascivious or indecent, or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex, lust or perversion for commercial gain, or any article or instrument of indecent or immoral use, unless that book, pocket book, pamphlet or magazine shall be wrapped in an opaque material with only the title of the book, pocket book, pamphlet or magazine visible.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESCRIPTIONS OR DEPICTIONS OF ILLICIT SEX OR IMMORALITY.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; or
(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
KNOWINGLY. Having knowledge of the character of the publication or failure on notice to exercise reasonable inspection which would disclose the character of the same.
NUDE OR PARTIALLY DENUDED FIGURES.
(a) Less than completely and opaquely covered human genitals, pubic areas, buttock and female breast below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2004 Code, § 131.03) Penalty, see § 131.99