§ 8.50.010. Performances and exhibitions harmful to minors.  


Latest version.
  • A.

    It is unlawful for any person or organization, as those terms are defined in AS 11.81.900(b), to knowingly exhibit, perform or present to a minor in a commercial setting a performance, exhibition or other presentation which, in whole or in part, depicts nudity, sexual conduct or sexual excitement and which is harmful to minors.

    B.

    It is unlawful for a minor to knowingly exhibit, perform, or present in a commercial setting a performance, exhibition, or other presentation which, in whole or in part, depicts nudity, sexual conduct or sexual excitement and which is harmful to minors.

    C.

    It is unlawful for any person or organization, as those terms are defined in AS 11.81.900(b), to knowingly admit or sell to a minor an admission ticket or pass to a performance, exhibition, or other presentation prohibited in subsection A. of this section.

    D.

    The provisions of this section shall not apply to a performance or exhibition harmful to minors where such performances or exhibitions are exhibited or performed under circumstances where minors are not present, are not allowed to be present, or are not able to view such performances or exhibitions. A person may comply with the requirements of this clause by physically segregating such performances and exhibitions in a manner so as to physically prohibit the access to and view of the performances and exhibitions by minors, by prominently posting at the entrances to such restricted area the words "Adults Only—You must be 18 to enter," and by enforcing such restrictions.

    E.

    As used in this section, the following terms shall have the meaning given in this subsection:

    1.

    Minor means any person under the age of 18 years, regardless of parental permission or emancipated status.

    2.

    Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.

    3.

    Sexual conduct includes any of the following depicted sexual conduct:

    a.

    Any act of sexual intercourse, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal.

    b.

    Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise physically restricted on the part of one so clothed.

    c.

    Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of human genital organ.

    d.

    Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

    e.

    An act of sexual assault where physical violence or drugs are employed to overcome the will of or achieve the consent of a person to an act of sexual conduct and the effects or results of the violence or drugs are shown.

    4.

    Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

    5.

    Harmful to minors means that quality of any description, representation, performance or exhibition, in whatever form, of nudity, sexual conduct, or sexual excitement, when it:

    a.

    Predominantly appeals to the prurient, shameful, or morbid interest of minors in sex;

    b.

    Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and

    c.

    Taken as a whole, lacks serious literary, artistic, political, or scientific value.

    6.

    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 regarding:

    a.

    The character and content of any material which is reasonably susceptible of examination by the defendant; and

    b.

    The age of a minor; provided, however, that an honest mistake shall constitute an excuse from liability under this subsection if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

    F.

    Violation of this section is a class B misdemeanor.

(AO No. 91-53; AO No. 93-133(S), § 1, 11-4-93; AO No. 98-59(S), § 1, 5-19-98; AO No. 2003-73, § 3, 4-22-03; AO No. 2014-42, § 7, 6-21-14)