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(A) A person is guilty of distributing obscene matter to a minor if that person does either of the following:
(1) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors; or
(2) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minors.
(B) A person knowingly disseminates sexually explicit matter to a minor when the person knows both the nature of the matter and the status of the minor to whom the matter is disseminated.
(C) The word KNOWINGLY means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both.
(1) The character and content of any material or performance which is reasonably susceptible of examination by the defendant; and
(2) The age of the minor. An honest mistake shall constitute an excuse from liability under this division if the defendant made a reasonable bona fide attempt to ascertain the true age of the minor.
(D) The term A REASONABLE BONA FIDE ATTEMPT means an attempt to ascertain the true age of the minor by requiring production of a driver’s license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.
(E) A person knows the status of a minor if the person either is aware that the person to whom the dissemination is made is under 18 years of age or recklessly disregards a substantial risk that the person to whom the dissemination is made is under 18 years of age.
(F) Distributing obscene matter to a minor is a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both. In imposing the fine authorized for this offense, the court shall consider the scope of the defendant’s commercial activity in distributing obscene matter to minors.
(Ord. passed 5-24-2004)