Statutes | Cherokee Code Part II Chapter 14 Article VII ยง 14-30.9 | 2019
It shall be unlawful for any person or business entity to knowingly exhibit, display or disseminate any material which is harmful to minors (under 21 years old) in any place of public accommodation where minors are or may be present and where minors are able to view the material.
(1)
A person or business entity commits this offense if, having custody, control or supervision of such material, he, she or it does any of the following:
a.
Displays the material so that it is open to view by minors as part of the general public. Material is not considered "displayed" if the material is placed behind "blinder racks" that cover the portions of the material that is harmful to minors, is wrapped, is placed behind a counter, or is located so that the portion that is harmful to minors is not open to view by the minors
b.
Sells, delivers or provides or offers or agrees to sell, deliver or provide any writing, picture, record or other representation or embodiment of material considered to be harmful to minors or
c.
Presents or directs a play, dance or other performance which is displayed and considered to be harmful to minors or participates in that portion thereof which makes it harmful to minors or
d.
Publishes, exhibits or otherwise makes available to minors anything considered to be harmful or
e.
Allows a minor to review or peruse material that is considered to be harmful or
f.
Exhibits, presents, rents, sells, delivers or provides or offers or agrees to exhibit, present, rent or to provide: any still or motion picture, film, filmstrip, or projection slide, or sound recording, sound tape, or sound track or any matter or material of whatever form which is a representation, embodiment, performance, or publication which is considered to be harmful to minors.
(2)
For purposes of this section, material considered to be harmful to minors is any material or performance that depicts sexually explicit nudity, sexual activity or sadomasochistic abuse and, taken as a whole, has the following characteristics.
a.
The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient, shameful or morbid interest of minors and
b.
The average adult person applying contemporary community standards would find that the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors and
c.
The material or performance lacks serious literary, artistic, political, or scientific value for minors.
(3)
As used in this section, "material" means:
a.
Any pictures, drawings, video recordings, films, sculpture or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse or
b.
Any book, pamphlet, magazine, printed matter however produced, or sound recording which contains any matter enumerated in section (3)a. above, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse or
c.
Any performance, including any play, motion picture, dance or other exhibition performed before an audience which depicts nudity, sexual conduct or sadomasochistic abuse.
(4)
As used in this section, "nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully 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.
(5)
As used in this section, "sexual conduct" means any of the conduct described below, whether actual or simulated (i.e., conduct which gives the appearance of being sexual conduct) or whether the conduct is performed alone or between members of the same or opposite sex or between humans and animals:
a.
Sexual intercourse, oral copulation, anal intercourse, anal oral copulation, bestiality, sexual sadism, penetration of the vagina or rectum by any object in a lewd or lascivious manner or
b.
Masturbation, whether done with another human or an animal
c.
Exhibition of the genitals or pubic or rectal area for the purpose of sexual stimulation of the viewer
d.
Touching, in an act of apparent sexual stimulation or sexual abuse of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female or
e.
Excretory functions performed in a lewd or lascivious manner.
(6)
As used in this section, "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(7)
As used in this section, "sado-masochistic abuse" means flagellation, torture, bondage, beatings, or oxygen deprivation by or upon a nude person or a person clad in undergarments, a mask, or in a revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained.
(8)
Each violation of this section shall be punishable by a fine not to exceed $5,000.00, by a term of imprisonment not to exceed one year, or both.
(Ord. No. 117, 3-3-2000 Ord. No. 369, 8-9-2000)