A. Purpose: It is the purpose of this section to regulate the direct commercial distribution of certain explicit sexual materials to young persons in order to aid parents in supervising and controlling the access of children to such material. The council finds that whatever social value such material may have for young persons can adequately be served by its availability to young persons through their parents. It is also the purpose of this section to prohibit open public display of certain explicit sexual materials, in order to protect persons from potential offense through involuntary exposure to such materials.
B. Offenses Defined: Any person may, upon conviction, be penalized in accordance to the provisions of section 1-4-2 of this code if they knowingly:
1. Disseminate explicit sexual material, as hereinafter defined, to young persons; or
2. Display "explicit sexual material" for sale in an area to which young persons have access, unless such material has artistic, literary, historical, scientific, medical, educational or other similar social value for adults; or
3. Place explicit sexual material upon public display, or if they knowingly fail to take prompt action to remove such a display from property in their possession after learning of its existence.
C. Definitions: For the purpose of this section, the following terms have the following meanings:
DISPLAY FOR SALE: In an area to which young persons have access, means display of material for sale so that young persons may see portions of the material constituting explicit sexual pictorial material.
DISSEMINATE: To sell, lease or exhibit commercially and, in the case of an exhibition, to sell an admission ticket or pass or to admit persons who have bought such a ticket or pass to the premises whereon an exhibition is presented.
EXPLICIT SEXUAL MATERIAL: Any pictorial or three- dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse), direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals, buttocks or female breasts; provided, however, that works of art or of anthropological significance, or materials presented in a program of education in a church, school or college, shall not be deemed to be within the foregoing definitions.
KNOWINGLY: Having general knowledge of, or reason to know or a belief or ground for belief, which warrants further inspection or inquiry of both of the following: 1) the character and contents of any material described herein which is reasonably susceptible of examination, and 2) the age of the person; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if a reasonable bona fide attempt is made to ascertain the true age of the person.
PUBLIC DISPLAY: Material is placed upon "public display" if it is placed on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that matter bringing it within the definition of "explicit sexual material" is easily visible from a public thoroughfare or from the property of others.
YOUNG PERSON: Any person less than eighteen (18) years of age.
D. Defenses: It shall be an affirmative defense to a prosecution under this section for the defendants to show:
1. That the dissemination was made with the consent of a parent or guardian of the recipient, that the defendants were misled as to the existence of parental consent by a misrepresentation made by persons holding themselves out as parents or guardians of the recipient, or that the dissemination was made to the recipients by their teacher, or clergyman in the discharge of official responsibilities;
2. That the recipient was married.
E. Exemption: The prohibition of this section shall not apply to broadcasts or telecasts through facilities licensed under the federal communications act, 47 USC section 201 et seq., or the Moorhead Public Library.
F. Penalties: Any persons violating the provisions of this section shall, upon conviction, be penalized in accordance with the provisions of section 1-4-2 of this code. (Ord. 600, 4-4-1977)