(a) No person, with knowledge of the character of the material, shall possess or control any material which depicts a minor under the age of sixteen years engaging in sexually explicit conduct.
(b) As used in this section, the term:
(1) "Person" means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind;
(2) "Knowledge of the character" means having general knowledge, reason to know, or a belief or ground for belief which warrants further inspection or inquiry into the nature of the material involved. A person is rebuttably presumed to have such knowledge when either of the following apply:
A. The material states that it depicts minors under the age of sixteen years old, or expressly disclaims knowledge of the age of the individuals depicted; or
B. From all of the facts and circumstances attending the depiction, including, but not limited to the physical development of the individuals depicted, their clothing or other body apparel or jewelry, their mannerisms, expressions and stances, and/or the background or foreground setting of the depiction, a person of ordinary intelligence would conclude that the material depicted minors under the age of sixteen years;
(3) "Sexually explict conduct" means actual or simulated:
A. Sexual intercourse, including genital-genital, oral-genital, anal- genital, or anal-anal, whether between persons of the same or opposite sex;
B. Bestiality;
C. Masturbation;
D. Sado-masochistic abuse (for the purpose of sexual stimulation); or
E. Lewd exhibition of the genitals or pubic area of any person.
(c) Whoever violates this section is guilty of possession of child pornography, a misdemeanor of the first degree.
(Ord. 85-11. Passed 3-19-85)