§ 111.99 PENALTY.

   (A)   Except as provided by division (B) below, any person violating § 111.04, upon conviction, is

punishable by a fine as provided for in the general penalty provision found in § 10.99.

   (B)   If the sexually oriented business involved is a nude model studio, then violation of § 111.04 is punishable as a Class A misdemeanor.

   (C)   Except as provided by division (B) above, a violation of any provision of this chapter other than § 111.04, upon conviction, is punishable by a fine in accordance with the general penalty provision found in § 10.99.

   (D)   It is a defense to prosecution under §§ 111.04 or 111.14(D) that a person appearing in a state of nudity did so in a modeling class operated:

      (1)   By a proprietary school licensed by the state; a college, junior college or university supported entirely or partly by taxation;

      (2)   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

      (3)   In a structure:

         (a)   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

         (b)   Where in order to participate in a class a student must enroll at least three days in advance of the class; and

         (c)   Where no more than one nude model is on the premises at any one time.

   (E)   It is a defense to prosecution under §§ 111.04 or 111.05(A) that each item of descriptive, printed or film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.

(1995 Code, § 4.319)