Chapter 5-15
DISPLAY OF MATERIALS HARMFUL TO MINORS
Sections:
5-15-02 Blinder rack required.
5-15-01 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "Display" means to place in plain view.
(b) "Harmful matter" means matter taken as a whole, the predominant appeal of which to the average person, applying a local traditional community standard, is to prurient interest, meaning a shameful or morbid interest in nudity, sex, or excretion; and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors.
(1) When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter shall be judged with reference to its intended recipient group.
(2) In prosecutions under this section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political, educational, or scientific value for minors.
(c) "Matter" means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials.
(d) "Minor" means any natural person under eighteen (18) years of age.
(e) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(802-CS, Amended, 04/08/1993)
5-15-02 Blinder rack required.
No person shall display harmful matter in a public place, other than a public place from which minors are excluded, without placing a device commonly known as a blinder rack in or over the cover of such matter, so that the lower two-thirds of the material is not exposed to view of minors standing in a place they have the right to be.
(802-CS, Amended, 04/08/1993)