As used in this Chapter, the following definitions apply:
DISTRIBUTE: To transfer possession of, whether with, or without consideration.
EXHIBIT OR EXHIBITION: To show.
HARMFUL TO MINORS: Material or a live performance that:
A. The average person applying contemporary community standards would find, taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
B. The average person, applying contemporary community standards would find depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, ultimate sexual acts, normal or perverted, actual or simulated, sadomasochistic sexual acts or abuse, or lewd or lascivious exhibition of the genitals, pubic area, buttocks, or post pubertal female breast; and
C. A reasonable person would find, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
KNOWINGLY: Being aware of the age of a minor or being aware of the character of the material.
LIVE PERFORMANCE: Any play, show, skit, dance, or other exhibition played or performed before an audience of one or more, with or without consideration.
MATERIAL: Any communication, picture, image, graphic image file, article, message, recording, writing, CD rom, laser disk, computer floppy disk, computer software, or other matter of any kind.
MINOR: An unmarried person under eighteen (18) years of age.
NEGLIGENTLY: Consciously disregarding a risk or existence of circumstances of which a person should be aware of the degree that risk deviates from the conduct of a reasonable person concerning:
A. The character of the material or live performance that is reasonably susceptible to examination; and
B. The age of the minor. However, an honest mistake will constitute an excuse from liability if the defendant made a reasonable bona fide attempt to ascertain the true age of the minor.
PERSON: Any individual, partnership, association, corporation, or other legal entity of any kind.
PRURIENT INTEREST IN NUDITY, SEX OR EXCRETION: A shameful, morbid, lascivious, or unhealthy lustful interest in nudity, sex or excretion.
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 a governmental or educational identification card or paper rather than relying solely on the oral allegations or apparent age of the minor. (Ord. 249, 1-1998)