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(A) A person who is convicted of violating § 6-3-2 of this chapter is guilty of a misdemeanor and may be fined an amount not to exceed $500 or be imprisoned for a term not to exceed six months, or both.
(B) Each day that a violation of § 6-3-2 of this chapter occurs or continues constitutes a separate offense and is punishable as a separate violation.
(C) Every act, thing or transaction prohibited by § 6-3-2 of this chapter constitutes a separate offense to each item, issue or title involved and is punishable as a separate offense.
(D) For purposes of § 6-3-2 of this chapter, multiple copies of the same title, monthly issue, volume and number issue or other identical material constitutes a single offense.
(1992 Code, § 8-2-103)
(A) (1) Nothing in § 6-3-2 of this chapter shall prohibit any parent or guardian from distributing any material harmful to minors to his or her child or ward, or permitting his or her child or ward to attend an exhibition of any material harmful to minors, if the child or ward is accompanied by the parent or guardian.
(2) Nothing in this section shall be construed to encourage or condone such consent by a parent or guardian, or to prohibit the prosecution of a parent or guardian who displays or distributes any material harmful to his or her child or ward for the purpose of enticing, encouraging, instructing or otherwise inducing his or her minor child to engage in any sexual act, as defined in § 6-3-1 of this chapter, or any sexual act otherwise prohibited by law, by himself or herself, with the parent or guardian, with another person or an animal.
(B) Nothing in § 6-3-2 of this chapter shall prohibit any person from exhibiting any harmful matter to any of the following:
(1) A minor who is accompanied by his or her parent or guardian; and/or
(2) A minor who is accompanied by an adult who represents himself or herself to be the parent or guardian of the minor and who the person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor.
(1992 Code, § 8-2-104)
(A) It shall be a defense in any prosecution for a violation of § 6-3-2 of this chapter that the act charged was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency and was committed in aid of legitimate scientific or education purposes.
(B) It shall be a defense in any prosecution for a violation of § 6-3-2 of this chapter that a person who knowingly or negligently distributed any material harmful to minors by the use of telephones or telephone facilities to any minor, that the defendant has taken either of the following measures to restrict access to material harmful to minors by persons under 18 years of age:
(1) Required the person receiving the harmful matter to use an authorized access or identification code, as provided by the information provider, before transmission of the material harmful to minors begins, where the defendant previously has issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was 18 years of age or older and has established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen or used by persons under the age of 18 years or that the code is no longer desired; and/or
(2) Required payment by credit card before transmission of the matter.
(1992 Code, § 8-2-105)
If any phrase, clause, sentence, section or provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision or application of this chapter, which can be given effect without the invalid phrase, clause, sentence, section, provision or application and, to this end, the provisions of this chapter are declared to be severable.
(1992 Code, § 8-2-106)