§ 11-31-10 - Sale or exhibition to minors of indecent publications, pictures, or articles.
SECTION 11-31-10
§ 11-31-10 Sale or exhibition to minors ofindecent publications, pictures, or articles. – (a) Every person who shall willfully or knowingly engage in the business ofselling, lending, giving away, showing, advertising for sale, or distributingto any person under the age of eighteen (18) years, has in his or herpossession with intent to engage in that business or to otherwise offer forsale or commercial distribution to any person under the age of eighteen (18)years, or who shall display at newsstands or any other business establishmentfrequented by persons under the age of eighteen (18) years or where personsunder the age of eighteen (18) years are or may be invited as a part of thegeneral public, any motion picture, any still picture, photograph, or any book,pocket book, pamphlet, or magazine of which the cover or content consists ofexplicit representations of "sexual conduct", "sexual excitement", "nudity" andwhich is indecent for minors or which is predominantly made up of descriptionsof "sexual conduct", "sexual excitement", "nudity" and which is indecent,shall, upon conviction, be punished by a fine of not less than one hundreddollars ($100) nor more than one thousand dollars ($1,000), or by imprisonmentfor not more than two (2) years, or both.
(b) As used in this section, the following words have thefollowing meaning:
(1) "Indecent for minors" means:
(i) Appealing to the prurient interest in sex of minors;
(ii) Patently offensive to prevailing standards in the adultcommunity with respect to what is suitable material for minors; and
(iii) Lacking serious literary, artistic, political, orscientific value for minors;
(2) "Knowingly" means having knowledge of the character andcontent of the publication or failure on notice to exercise reasonableinspection which would disclose its content and character;
(3) "Nudity" means less than completely and opaquely covered;human genitals, pubic regions, buttock, and female breast below a pointimmediately above the top of the areola;
(4) "Sexual conduct" means act of human masturbation, sexualintercourse, sodomy, fondling, or other erotic touching of human genitals,pubic region, buttock, or female breasts; and
(5) "Sexual excitement" means human genitals in a state ofsexual stimulation or arousal.