Chapter 9.65
OBSCENE MATERIALS*
Sections:
9.65.020 Dissemination of indecent materials to minors unlawful.
9.65.030 Dissemination of indecent materials to minors defined.
9.65.060 Violation a misdemeanor.
*Code reviser’s note: For additional provisions, see KMC 9.05.500.
9.65.010 Definitions.
As used herein, the following definitions shall apply:
A. “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it:
1. Predominantly 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.
B. “Minor” means any person less than 18 years of age.
C. “Nudity” means 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.
D. “Sexual conduct” means 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.
E. “Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.
F. “Sadomasochistic abuse” means 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. [Ord. 02-0131 § 1; Ord. 01-0101 § 55(2) (KCC 12.84.010).]
9.65.020 Dissemination of indecent materials to minors unlawful.
It is unlawful for any person to disseminate indecent materials to minors as provided herein. [Ord. 02-0131 § 1; Ord. 01-0101 § 55(2) (KCC 12.84.020).]
9.65.030 Dissemination of indecent materials to minors defined.
Any person shall be deemed disseminating indecent material to a minor if he:
A. With knowledge of its character and content, sells or loans to a minor for monetary consideration:
1. Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors; or
2. Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors; or
B. Knowing the character and content of a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse, and which is harmful to minors:
1. Exhibits such motion picture, show or other presentation to a minor for a monetary consideration; or
2. Sells to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such motion picture, show or other presentation; or
3. Admits a minor for a monetary consideration to premises whereon there is exhibited or to be exhibited such motion picture, show or other presentation. [Ord. 02-0131 § 1; Ord. 01-0101 § 55(2) (KCC 12.84.030).]
9.65.040 Presumptions.
Any person who engages in the conduct prescribed herein is presumed to do so with knowledge of the character and content of the materials sold or loaned, or the motion picture, show or presentation exhibited or to be exhibited. [Ord. 02-0131 § 1; Ord. 01-0101 § 55(2) (KCC 12.84.040).]
9.65.050 Defenses.
In any prosecution for disseminating indecent material to minors, it is an affirmative defense that:
A. The defendant had reasonable cause to believe that the minor involved was 18 years old or more; and
B. 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 18 years old or more. [Ord. 02-0131 § 1; Ord. 01-0101 § 55(2) (KCC 12.84.050).]
9.65.060 Violation a misdemeanor.
Any person violating the terms of this chapter shall be guilty of a misdemeanor. [Ord. 02-0131 § 1; Ord. 01-0101 § 55(2) (KCC 12.84.070).]