Division 8. Obscene Matter

Harmful to juveniles or potentially harmful to juveniles means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse which the average adult, applying contemporary community standards, would find that the description or representation appeals to the prurient interest of a minor and lacks serious literary, artistic, political, educational, or scientific value to a minor.

Juvenile means a person less than eighteen years of age.

Knowingly means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both; the character and content of any material described herein which is reasonably susceptible of examination; and the age of the juvenile, 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 juvenile.

Nudity means a state of undress so as to expose the postpubertal 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 areola, or the depiction of covered or uncovered male genitals in a discernibly turgid state.

Sadomasochistic abuse means actual or explicitly simulated flagellation or torture by or upon a person who is nude or 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 means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breast.

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

With regard to the display of material in the manner proscribed in Section 14-147, any person shall not include clerks, cashiers, or other employees not having supervisory or managerial authority for the location of displays, news racks, bookshelves, and the placement of articles, printed material, and other items thereon.

It shall be unlawful for any person knowingly to sell or loan to a juvenile; or to display in a manner whereby juveniles can or may examine, peruse, or otherwise view; or to permit such juvenile to examine, peruse, or otherwise view; or to permit a juvenile to sell or loan to any person:

Nothing contained in this Division shall be construed to apply to the exhibition, presentation, showing, or performance of any play, ballet, drama, tableau, production, motion picture, painting, sculpture; to any public library or public or private school; or to any broadcast or telecast through facilities licensed under the Federal Communications Act.

Nothing contained in this Division shall be construed to prevent any parent or legal guardian from purchasing material of any kind for viewing by his or her minor child or person in his or her legal custody.

The prohibitions and penalties imposed by this Division shall not extend to persons having bona fide scientific, educational, governmental, professional health care and counseling, religious, or other similar justification for possessing such matter, or to distributions and display thereof pursuant to such justification.