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(A) A person commits the offense of distributing obscene materials when he sells, lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or who offers to do so, or who possesses the material with the intent so to do.
(B) Material is obscene if, considered as a whole, applying community standards, its predominant appeal is to prurient interest; that is, a shameful or morbid interest in nudity, sex, or excretion, and utterly without redeeming social value; and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters. Undeveloped photographs, molds, printing plates, and the like shall be deemed obscene, notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.
(C) Material not otherwise obscene, may be deemed obscene under this section if the distribution thereof, or the offer to do so, or the possession with the intent to do so, is a commercial exploitation of erotica solely for the sake of their prurient appeal.
('69 Code, § 12-12) (Ord. 240, passed 11-2-70)
Penalty, see § 133.99
Statutory reference:
Distribution of obscene material prohibited, see F.S. § 847.011
Exhibition of obscene material declared to be a nuisance, see F.S. § 823.13
(A) It shall be unlawful for the owner, operator, or employee of any bookstore, video, or art store operating as an adult bookstore, video, or art store, where 50% or more of the stock is comprised of books, magazines, pictures, videos, posters, and the like for adults in the fields of erotic material, to sell that material to persons under the age of 18 years.
(B) It shall be unlawful for any retail merchandising store having a section, department, or division devoted to pictures, posters, books, magazines, videos, motion picture films, or slide films for adults in the field of erotic or adult material, to sell or rent that material to any person under the age of 18 years.
(C) The owner, operator, or employee of any adult picture store, video store, or art store on the premises of the place of business shall be held responsible for the enforcement of the foregoing provisions for sale or admission of persons under the age of 18 years.
('69 Code, § 12-13) (Ord. 243, passed 12-21-70; Am. Ord. 1257, passed 4-15-98)
Penalty, see § 133.99
Statutory reference:
Display of materials harmful to minors prohibited, see F.S. § 847.012
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) HARMFUL TO JUVENILES. That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(a) Predominantly appeals to the prurient, shameful, or morbid interest of juveniles;
(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles; and
(c) Is utterly without redeeming social importance for juveniles.
(2) JUVENILE. Any person under the age of 18 years.
(3) KNOWINGLY. Having general knowledge of, reason to know, belief, or ground for belief which warrants further inspection or inquiry of both:
(a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and
(b) The age of the juvenile. However, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonably bona fide attempt to ascertain the true age of the juvenile.
(4) NUDITY. The showing or exhibition of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any portion below a point immediately above the top of the areola; or the depiction of covered male genitals in a discernible turgid state.
(5) 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.
(6) 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.
(7) SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(B) Offense. It shall be unlawful for any person knowingly to place in plain view in any establishment giving unrestricted access to juveniles so as likely to come within the view of a juvenile:
(1) Any picture, photograph, drawing, sculpture, video, 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 juveniles; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in division (B)(1) above, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse which, taken as a whole, is harmful to juveniles.
(3) Any adult material.
(C) Legislative intent. It is the intention of the City Commission that this section shall apply to all persons within the city and shall specifically be deemed to be an adoption of an endorsement of the laws of the state pertaining to this subject, but specifically making it unlawful as stated herein to allow the display of obscene materials in an area where unrestricted access is given to juveniles.
(D) Penalty. A person convicted under this section shall be guilty of an offense punishable as set forth in § 133.99.
('69 Code, § 12-13.1) (Ord. 445, passed 5-16-77; Am. Ord. 1257, passed 4-15-98) Penalty, see § 133.99
Statutory reference:
Display of material harmful to juveniles, see F.S. § 847.0125
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