Chapter 9.60
MINORS, CRIMES RELATING TO
Sections
9.60.020 Contributing to the delinquency of a minor.
9.60.030 Repealed.
9.60.040 Materials harmful to minors – Prohibitions – Penalties.
9.60.050 Materials harmful to minors – Affirmative defenses – Exceptions.
9.60.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Harmful to minors” means a matter or live performance:
(a) That the average adult person, applying contemporary community standards, would find that the material or performance, when considered as a whole, has a tendency to cater or appeal to a prurient interest of minors;
(b) That explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated;
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity; or
(iii) Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape, flagellation, sadomasochistic abuse, or torture; and
(c) That, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors; or
(d) Is a motion picture film rated “R,” “NC-17,” or “X” by the Motion Picture Association of America or a successor organization.
(3) “Knowledge of its character” means that the person knows or is aware, or has reason to know, that the matter or performance contains, depicts, or describes any of the activity or conduct that may be found to be patently offensive under subsection (2) of this section, regardless of whether the person has actual or specific knowledge of its precise contents or that the matter or performance is harmful to minors. Such knowledge may be proved by direct or circumstantial evidence, or both.
(4) “Live performance” means a play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, in person or by electronic transmission, with or without consideration.
(5) “Matter” means a motion picture film, a publication, a sexual device, or a combination thereof.
(6) “Minor” means a person under the age of 18 years.
(7) “Motion picture film” means a:
(a) Film or plate negative;
(b) Film or plate positive;
(c) Film designed to be projected on a screen for exhibition;
(d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
(e) Video tape, laser disc, or other medium used to electronically reproduce images on a screen.
(8) “Publication” means a book, magazine, article, pamphlet, writing, drawing, printing, illustration, picture, sound recording, or coin-operated machine.
(9) “Sexual device” means an artificial human penis, vagina, or anus, or other device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals, pubic area, perineum, or anal area, including dildos, penisators, vibrators, vibrillators, penis rings and erection enlargement or prolonging creams, jellies, or other such chemicals or preparations.
(10) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(11) “Sexually explicit conduct” means actual or simulated physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, perineum, or, if the person be a female, breast.
(12) “Sexually explicit nudity” means the showing of the human male or female genitals, pubic area, buttocks, or perineum with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. [Ord. 1036 § 66, 1993.]
9.60.020 Contributing to the delinquency of a minor.
(1) In all cases when a child is dependent or delinquent as defined in RCW 13.34.030 as presently constituted or as may be amended, it is unlawful for a person, by act or omission, to knowingly encourage, cause, or contribute to the dependency or delinquency of the child.
(2) A violation of or failure to comply with this section is a misdemeanor. [Ord. 1036 § 67, 1993.]
9.60.030 Leaving children unattended.
Repealed by Ord. 1103. [Ord. 1036 § 68, 1993.]
9.60.040 Materials harmful to minors – Prohibitions – Penalties.
(1) No person shall with knowledge of its character:
(a) Display matter that is harmful to minors in such a way that minors, as part of the invited general public, are exposed to view such matter, except that a person is deemed not to have displayed matter harmful to minors if the matter is kept behind devices commonly known as blinder racks so that the lower two-thirds of the matter is not exposed to view;
(b) Sell, furnish, present, distribute, allow to view or hear, or otherwise disseminate to a minor, with or without consideration, a matter that is harmful to minors; or
(c) Present to a minor or participate in presenting to a minor, with or without consideration, a live performance that is harmful to minors.
(2) A violation of or failure to comply with this section is a gross misdemeanor.
(3) Each day that a violation of this section occurs or continues shall constitute a separate offense and is punishable as a separate violation. Every act, thing, or transaction prohibited by this section shall constitute a separate offense as to each item, issue, or title involved and is punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume, and number issue, or other such identical material shall constitute a single offense. [Ord. 1036 § 69, 1993.]
9.60.050 Materials harmful to minors – Affirmative defenses – Exceptions.
(1) In a prosecution for violation of DMMC 9.60.040, it is an affirmative defense that:
(a) The matter or performance involved was displayed or otherwise disseminated to a minor by the minor’s parent or legal guardian, for bona fide purposes;
(b) The matter or performance involved was displayed or otherwise disseminated to a minor with the written permission of the minor’s parent or legal guardian, for bona fide purposes; or
(c) The person made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver’s license, marriage license, birth certificate, or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.
(2) Nothing in this chapter shall apply to a recognized historical society or museum, a public library, a library of a college or university or public or private school, or an archive or library under the supervision and control of the state, the county, the city, or a library district. [Ord. 1036 § 70, 1993.]