A. Definitions: As used in this section, the following terms shall have the meanings ascribed to them in this subsection:
DISTRIBUTE: To transfer possession of, whether with or without consideration.
EXHIBIT: To show or display, offer or present for inspection or produce in public so that it may be taken into possession or viewed by persons under seventeen (17) years of age.
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, shameful or morbid 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 utterly without redeeming social importance 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:
1. The character and content of any material described herein which is reasonably susceptible to 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 seventeen (17) years.
NUDITY: The showing of the human male or female genitals, pubic area or buttocks with less than a full 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 clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT: Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.
SEXUAL EXCITEMENT: The condition of the human male or female genitals when in a state of sexual stimulation or arousal.
B. Prohibited Materials: It shall be unlawful for any person knowingly to sell, loan for monetary consideration, distribute or exhibit 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 which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors; or
2. Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in subsection B1 of this section, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
C. Admitting Minor To Theater Or Presentation: It shall be unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass, or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors. (1965 Code § 9-6-9)
D. Exceptions: Nothing in this section shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under seventeen (17) years of age, provided such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution for a violation of this section that the act charged was committed in aid of legitimate scientific or educational purposes. (1965 Code § 9-6-9; amd. 2009 Code)
E. Misrepresentation Of Age: It shall be unlawful for any person under seventeen (17) years of age to state falsely, either orally or in writing, that he is not under the age of seventeen (17) years, or to present or offer to any person any evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing or otherwise procuring or attempting to procure or view any harmful material. (1965 Code § 9-6-9)