(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