(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISSEMINATE. To sell, lend, give, exhibit, or show or to offer or agree to do the same.
EROTIC FONDLING. Touching a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, for the purpose of sexual gratification or stimulation.
EXHIBIT. To do one or more of the following:
(a) Present a performance;
(b) Sell, give, or offer or agree to sell or give a ticket to a performance; and/or
(c) Admit a minor to premises where a performance is being presented or is about to be presented.
HARMFUL TO MINORS. Sexually explicit matter which meets all of the following criteria:
(a) Considered as a whole, it appeals to the prurient interest of minors as determined by contemporary local community standards;
(b) It is patently offensive to contemporary local community standards of adults as to what is suitable for minors; and
(c) Considered as a whole, it lacks serious literary, artistic, political, educational, and scientific value 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:
(a) The character and content of any material or performance which is reasonably susceptible of examination by the defendant; and
(b) The age of the minor; however, an honest mistake shall constitute an excuse from liability under these provisions if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
LOCAL COMMUNITY. The City of Linden.
MINOR. A person under 18 years of age.
NUDITY. The lewd display of the human male or female genitals or pubic area.
PRURIENT INTEREST. A lustful interest in sexual stimulation or gratification.
REASONABLE BONA FIDE ATTEMPT. An attempt to ascertain the true age of the minor by requiring production of a driver’s license, marriage license, birth certificate, or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.
SADOMASOCHISTIC ABUSE. Either of the following:
(a) Flagellation, or torture, for sexual stimulation or gratification, by or upon a person who is nude or clad only in undergarments or in a revealing or bizarre costume; or
(b) The condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification, of a person who is nude or clad only in undergarments or in a revealing or bizarre costume.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SEXUAL INTERCOURSE. Intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or between a human and an animal.
SEXUALLY EXPLICIT MATTER. Sexually explicit visual material, sexually explicit verbal material, or sexually explicit performance.
SEXUALLY EXPLICIT PERFORMANCE. A motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.
SEXUALLY EXPLICIT VERBAL MATERIAL. A book, pamphlet, magazine, printed matter reproduced in any manner, or sound recording which contains an explicit and detailed verbal description or narrative account of sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.
SEXUALLY EXPLICIT VISUAL MATERIAL. A picture, photograph, drawing, sculpture, motion picture film, or similar visual representation which depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet which contains such a visual representation. An undeveloped photograph, mold, or similar visual material may be SEXUALLY EXPLICIT MATERIAL notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.
(2011 Code, § 9.28.060)
(B) Prohibited.
(1) A person is guilty of distributing obscene matter to a minor if that person does either of the following:
(a) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors; or
(b) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minors.
(2) A person knowingly disseminates sexually explicit matter to a minor when the person knows both the nature of the matter and the status of the minor to whom the matter is disseminated.
(3) A person knows the status of a minor if the person either is aware that the person to whom the dissemination is made is under 18 years of age or recklessly disregards a substantial risk that the person to whom the dissemination is made is under 18 years of age.
(4) Distributing obscene matter to a minor is a misdemeanor. In imposing the fine authorized for this offense, the court shall consider the scope of the defendant’s commercial activity in distributing obscene matter to minors.
(2011 Code, § 9.28.070)
(C) Exceptions. Section 131.35 does not apply to the dissemination of sexually explicit matter to a minor by any of the following persons:
(1) A parent or guardian who disseminates sexually explicit matter to his or her child or ward;
(2) A teacher or administrator at a public or private elementary or secondary school which complies with the provisions of Public Act 451 of 1976, being M.C.L.A. §§ 380.1 through 380.1853, who disseminates sexually explicit matter to a student as part of a school program permitted by law;
(3) A licensed physician or certified psychologist who disseminates sexually explicit matter in the treatment of a patient;
(4) A librarian employed by a library of a public or private elementary or secondary school which complies with the provisions of Public Act 451 of 1976, being M.C.L.A. §§ 380.1 through 380.1853, or employed by a public library, who disseminates sexually explicit matter in the course of that person’s employment; or
(5) Any public or private college or university or any other person who disseminates sexually explicit matter for a legitimate medical, scientific, governmental, or judicial purpose.
(2011 Code, § 9.28.080)
(Ord. 121, passed - -1984) Penalty, see § 131.99