National City Municipal Code Ch. 10.62 Pornographic Materials

As used in this chapter:

A. "Exhibit" means to show;

B. "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;

C. "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:

1. The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and

2. The age of the minor, provided however, that an honest mistake constitutes an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor;

D. "Minor" means any person under the age of eighteen years;

E. "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 discernibly turgid state;

F. "Sado-masochistic 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;

G. "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 female, breast;

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

(Ord. 1203 § 1, 1968)

It is unlawful for any person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or exhibits to, or offers to distribute or exhibit to such minor any harmful material.

(Ord. 1203 § 2, 1968)

Proof that the defendant or his employee or agent demanded and was shown and acted in reliance upon any of the following documents as proof of the age of a minor shall be a defense to any criminal prosecution under this section:

A document issued by the federal government, or any state, county, or municipal government or subdivision or agency thereof, including but not limited to a driver's license, a registration certificate issued under the Selective Service Act, or an identification card issued to a member of the armed forces identifying the holder and showing that the holder is eighteen years of age or over.

(Ord. 1203 § 3, 1968)

The provisions of this chapter also apply to all uses allowed by Chapter 18.69 (Adult entertainment establishments).

(Ord. 1699 § 4(F), 1979)