785.20 AFFIRMATIVE DEFENSES.

   (a)   It is a defense to prosecution under Section 785.04(a), 785.13 or 785.15(d) that a person appearing in a state of nudity did so in a modeling class operated:

      (1)   By 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.

   (b)   It is a defense to prosecution under Section 785.04(a) or 785.13 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.

(Ord. 95-49. Passed 12-19-95.)