(A) It is unlawful for any person to sell, deliver, offer for sale, distribute, publish, print, exhibit, or possess with intent to distribute, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would disclose the nature or content thereof, any harmful material to a minor.
(B) It is an affirmative defense to any prosecution under this section that the alleged prohibited act was made in aid of a legitimate scientific or educational purpose or was by a parent, guardian, or other person in loco parentis to the minor. It is a further affirmative defense that the defendant demanded, was shown, and acted in reliance upon any of the following documents as proof of the age of a child: a document issued by the federal government or any state, county, or municipal government or subdivision or agency thereof, including but not limited to a motor operator's license, a registration certificate issued under the United States Selective Service Act, an identification card issued to a member of the armed forces, or a birth certificate.
(Ord. 94-1868, passed 2-8-1994) Penalty, see § 130.99