(a) No person, with knowledge of the character of the material or performance involved, shall do any of the following:
(1) Possess or control any obscene material that has a minor as one (1) of its participants.
(2) Possess or control any material that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
(b) No person shall do any of the following:
(1) Possess or view any material or performance that shows a minor who is not the person's child or ward in a state of nudity, unless one (1) of the following applies:
A. The material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this State or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge or other person having a proper interest in the material or performance.
B. The person knows that the parents, guardian or custodian has consented in writing to the photographing or use of the minor in a state of nudity and to the manner in which the material or performance is used or transferred.
(c) Whoever violates subsection (a)(1) hereof is guilty of possessing obscenity involving a minor, a misdemeanor of the first degree. Whoever violates subsection (a)(2) hereof is guilty of possessing sexually oriented material involving a minor, a misdemeanor of the first degree. Whoever violates subsection (b) hereof is guilty of illegal possession of nudity oriented material involving a minor, a misdemeanor of the first degree. If the offender has been previously convicted of subsection (a)(1), (a)(2) or (b) or any of a substantially similar State statute or municipal ordinance, then prosecution shall proceed under State Law as a felony.
(Ord. 09-1027. Passed 4-6-90.)