§ 8.50.020. Dissemination of indecent material to minors.

A.

Definitions. In construing and applying this section, the following definitions shall apply:

1.

Minor means a person less than 18 years old, regardless of parental permission or emancipated status.

2.

Sexual conduct means any sexual act, normal or perverted, or any act of masturbation, excretory functions, or lewd exhibition of the genitals.

3.

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

4.

Sado-masochistic abuse means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

5.

Harmful to minors means that quality of any description or representation, in whatever form, of sexual conduct, sexual excitement, or sado-masochistic abuse if, when taken as a whole, it:

a.

According to contemporary community standards appeals to the prurient interest in sex;

b.

Portrays sexual conduct, sexual excitement or sado-masochistic abuse; and

c.

Does not have serious literary, artistic, political or scientific value.

6.

Indecent material means a picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexual excitement, sexual conduct, or sado-masochistic abuse which is harmful to minors; a book, pamphlet, magazine, printed matter, however produced, or sound recording which contains any matter enumerated in this definition or explicit and detailed verbal description or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse, and which is harmful to minors; or an enactment of sexual conduct or sado-masochistic abuse, or exhibition of sexual excitement, by one or more persons.

B.

Prohibited acts. It is unlawful for any person to knowingly:

1.

Disseminate, distribute, offer to distribute, or exhibit indecent material to a minor;

2.

Sell or give to a minor an admission ticket or pass to premises whereon indecent material is exhibited or to be exhibited; or

3.

Admit a minor to premises whereon indecent material is exhibited or to be exhibited.

C.

Affirmative defenses. In a prosecution for disseminating indecent material to minors, it is an affirmative defense that:

1.

The defendant had reasonable cause to believe that the person involved was 18 years old or more, and such person exhibited to the defendant a driver's license, birth certificate, or other official or apparently official document purporting to establish that such person was 18 years old or more; or

2.

The defendant is the parent or legal guardian of the minor.

D.

Violation of this section is a class B misdemeanor.

(CAC 8.48.010—8.48.030; AO No. 93-133(S), § 2, 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)