§ 11-20. Definitions.  


Latest version.
  • As used in this article, the following terms shall have the respective meanings ascribed to them:

    Display: To exhibit in a manner which induces or persuades an inspection of that which is exhibited for sale or rent.

    Harmful to minors: That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:

    (1)

    Predominately appeals to the prurient, shameful or morbid interest of minors, and

    (2)

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

    (3)

    Is utterly without redeeming social importance for minors.

    Knowingly: Having general knowledge of or reason to know, or a belief which warrants further inspection or inquiry of both:

    (1)

    The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and

    (2)

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

    Minor: Any person under the age of eighteen (18) years.

    Motion picture: Movies projected from eight (8) or sixteen (16) or thirty-five (35) millimeter film.

    Nudity: The showing of the human male or female genitals, pubic area or buttocks with less than a full 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.

    Sado-masochistic abuse: Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

    Sexual conduct: Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.

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

(Ord. of 10-7-69, § 1)