San Diego Municipal Code § 58.07 Distribution of Harmful Material to Minors

(a) Purpose and Intent. The citizens of this City have a legitimate and exigent interest in the prevention of the distribution of material deemed harmful to minors. While the laws of this State prevent the sale or distribution of obscene matter, no distinction is made in such laws as to matter which is deemed harmful to minors. Recognizing that the total suppression of material deemed harmful to minors would reduce the adult population of this City to reading, viewing and otherwise observing that which is fit only for children, the further purpose and intent hereof is to distinguish between adults and minors as to material deemed fit for them, and to prohibit the distribution to minors of material, which, while not proscribed for adult consumption under the law as interpreted by the courts, is nevertheless deemed harmful to children, thereby serving the spiritual, emotional, mental and physical welfare of our youth and of all the citizens of this City.

(b) Definitions, As used in this Section:

(1) “Minor” means any natural person under the age of 18 years.

(2) “Matter” means any book, magazine, newspaper, or other printed or
written material or any picture, drawing, photograph, motion picture or
other pictorial representation or any statue or other figure, or any
recording, transcription, or mechanical, chemical, or electrical
reproduction or any other articles, equipment, machines or materials.
“Matter” also includes live or recorded telephone messages when
transmitted, disseminated, or distributed as part of a commercial
transaction.

(3) “Person” means any individual, partnership, firm, association,
corporation or other legal entity.

(4) “Distribute” means to transfer possession of, whether with or without
consideration.

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (6-2000)

(5) “Exhibit” means to show.

(6) “Knowingly” means being aware of the character of the matter.

(7) “Harmful Matter” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is a matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

(A) When it appears from the nature of the matter or the
circumstances of its dissemination, distribution or exhibition
that it if designed for clearly defined deviant sexual groups, the
appeal of the matter shall be judged with reference to its
intended recipient group.

(B) In prosecutions under this chapter, where circumstances of
production, presentation, sale, dissemination, distribution, or
publicity indicate that matter is being commercially exploited
by the defendant for the sake of its prurient appeal, that
evidence is probative with respect to the nature of the matter
and can justify the conclusion that the matter lacks significant
literary, artistic, political, or scientific value for minors.

(c) It is unlawful to display matter which is harmful to minors, as defined in this
section and Chapter 7.6 of the California Penal Code, in a public place, other
than a public place from which minors are excluded, without placement of
devices known as blinder racks in front of the material, so that the lower two–
thirds of the material is not exposed to view.
(Amended 3–20–1989 by O–17265 N.S.)

It shall be unlawful:

(a) For any person to sell, exchange, give or loan, any aerosol spray can
containing any substance commonly known as paint, or containing any other
opaque liquid capable of being propelled by the aerosol can, to any minor
under the age of eighteen (18) years, unless that person provides for the
supervision of the minor’s use of such aerosol spray can.

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5 8 0 5

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (6-2000)

(b) For any person under the age of eighteen (18) years to have in his or her
possession any aerosol spray can containing any substance commonly known
as paint or containing any other opaque liquid capable of being propelled by
the aerosol can while upon public property or upon private property without
the consent of the owner of such private property.
(“Prohibition of Sale of Aerosol Paint to Minors” added 4–14–1980 by O–15237
N.S.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (2-2010)

Article 8: Minors

Division 1: Curfew Regulations

(“Curfew” added 6-18-1997 by Emergency Ordinance O-18415 N.S.) (“Curfew” added 7-1-1997 by O-18416 N.S.) (Repealed former Division 1 “Curfew” and added new Division 1 “Curfew Regulations” 2-22-2010 by Emergency Ordinance O-19932 N.S.)