9.13.030 Promoting Obscenity to Minors.
1. Promoting obscenity to minors is promoting obscenity as defined by Section 9.13.010 and amendments thereto, where the recipient of the obscene material or obscene device or a member of the audience of an obscene performance is a child under the age of eighteen (18) years.
2. Evidence that materials or devices were promoted to emphasize their prurient appeal shall be relevant in determining the question of the obscenity of such materials or devices. There shall be a rebuttable presumption that a person promoting obscene materials or obscene devices did so knowingly or recklessly if:
a. The materials or devices were promoted to emphasize their prurient appeal; or
b. The person is not a wholesaler and promotes the materials or devices in the course of the person’s business.
3. It shall be an affirmative defense to any prosecution under this Section that:
a. The defendant had reasonable cause to believe that the minor involved was eighteen (18) years old or over, and such minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was eighteen (18) years old or more.
b. The allegedly obscene material was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school.
c. The defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by a public library and was disseminated in accordance with regular library policies approved by its governing body.
d. An exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.
4. Promoting obscenity to minors is a class A public offense on conviction of the first offense. Conviction of second or subsequent offense is a felony. (Ord. 19-60 § 10, 2019; Ord. 08-111 § 7, 2008; Ord. 06-20 § 2, 2006; Ord. 87-149 § 10, 1987; Ord. 83-75 § 2, 1983.)