Torrance Municipal Code Art. 7 Obscene and Harmful Literature

For the purpose of this Article, the following words shall have the meanings respectively ascribed to them:

a) Minor means any person under the age of eighteen (18) years.

b) Material means any book, magazine, newspaper or other printed or written material, or any picture, drawing, photograph, moving picture or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction.

c) Distribute means to transfer possession of, whether with or without consideration.

d) Knowingly means having knowledge of the character and content of the subject matter, or failing to exercise reasonable inspection which would disclose the content and character thereof.

e) Harmful material means that type or quality of material which, taken as a whole, is patently offensive to the prevailing community standard with respect to what is suitable material for minors in that the predominant appeal of the material is to the lascivious interest of minors, i.e., tending to excite lustful thoughts and desires by its description, account or display of nudity, sex or sexual behavior.

No person shall write, compose, stereotype, print, publish, exhibit, sell, keep for sale, distribute, make or have in his possession or under his control any lewd, indecent, or obscene bill, poster, magazine, writing, book, pamphlet, engraving, drawing, photograph, motion picture film, cast, statue or image, phonograph record, electrical transcription, wire recording or other device for the recording of sight or sound.

No person shall wilfully be or remain present at any place where any lewd, indecent, or obscene motion picture film, phonograph record, electrical transcription, wire recording or other device for the recording of sight or sound is being played or can be heard.

It shall be unlawful for any person, who, with knowledge that a person is a minor, 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.

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 (18) years of age or over.

Every policeman or other law enforcement officer who is authorized to arrest any person for violation of this Article is equally authorized and enjoined to seize any lewd, indecent, or obscene picture, print, writing, paper, book, bill, poster, engraving, photograph, drawing, cast, image, figure, phonograph record, electrical transcription, wire recording, or other device for the recording of sight or sound, or any harmful material, found in the possession or under the control of the person so arrested and to deliver the same to the magistrate before whom the person so arrested is required to be taken.