Prohibiting the Exposing of Minors to Harmful Materials and Providing Penalties

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ORDINANCE N0; Sntia -tiA AN ORDINANCE PROHIBITING THE EXPOSING OF MINORS TO HARMFUL MATERIALS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AS AMENDED BE IT ORDAINED BY THE COKIMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION I. (a) "Minor" means any person under the age of Q-4 rr� years, (b) "Nudity" means the showing of the human male or female geni- tals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state, (c) "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 a female, breast, (d) "Sexual excitement" means the condition of human male or fe- male genitals when in a state of sexual stimulation or arousal, (e) "Sado- masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the con- diticn of being fettered, bound or otherwise physically restrained on the part of one so clothed, (f) "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excite- ment, or sado - masochistic abuse, when it: (i) predomninantly appeals to the prurient, shameful or morbid interest of minors, and (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and (iii) is utterly without redeeming social importance for minors. (g) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or