HomeMy WebLinkAboutProhibiting the Exposing of Minors to Harmful Materials and Providing PenaltiesORDINANCE No. 5068 -69
Passed by the Common Council of the City of South Bend, Indiana
March 24 --69
Clerk
KATIMYN L. BLOUGH
Of Common Council
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
March 26, i9 69
Clerk
KATHRYN L. BLOUGH
0& ZC
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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
inquiry of both:
(i) the character and content of any material described here-
in which is reasonably susceptible of examination by the defendant,
and
(ii) the age of the minor, provided however, that an honest
mistake shall constitute an excuse from liability hereunder if the
defendant made a reasonable bona fide attempt to ascertain the true
age of such minor,
SECTION II. SALE OR LOAN OF HARD;FUL MATERIALS
It shall be unlawful for any person knowingly to sell or load for
monetary consideration to a minor:
(a) any picture, photograph, drawing, sculpture, motion picture
film, or similar visual representation or image of a person or port br of
the human body which depicts nudity, sexual conduct or sado - masochistic abuse
and which is harmful to minors, or
(b) any book, pamphlet, magazine, printed matter however repro-
duced, or sound recording which contains any matter enumerated in paragraph
(a) of sub - division two hereof, or explicit and detailed verbal descriptions
or narrative accounts of sexual excitement, sexual conduct or sado - masochistic
abuse and which, taken as a whole is harmful to minors,
SECTION III. EXHIBITION OF HAM.,TTM IMERIAIS
It shall be unlawful for any person knowingly to exhibit for a
monetary consideration to a minor or knc ringly to sell to a minor an admission
ticket or pass or knowingly to admit a minor for a monetary consideration to
premises whereon there is exhibited, a motion picture, shoo or other pre-
sentation which, in whole or in part, depicts nudity, sexual conduct or sado-
masochistic abuse and which is harmful to minors,
SECTION IV, PENALTY
A violation of any provision hereof shall constitute a misdemeanor
punishable by a fine of not less than ONE HUNDRED ($100,00) Dollars nor more
- 2 -
than TARES HUNDRED ($300,00) Dollars for each offense to which may be added
imprisonment for not to exceed six (6) months,
SECTION V
This ordinance shall be in full force and effct from and after
its passage and publication as required jy -7avr,
1st & 2nd READING 3 -10 -69
COMMITTEE- OF THE WHOLE 3 -24 -69
PUBLIC HEARING 3 -24 -69
3rd READING 3 -24 -69
NOT APPROVED
REFERRED
PASSED 3 -24 -69
the Common
u r o the Comm n C until
� v
Member of the Comy
Member of the Common
FILED IN CLERK'S OFFI"
MAR 6 1969
KATHRYN L. BLOUGH
- 3 - CITY CLERK, SOUTH BEND, IND.
1 ?-
Qinmmiilrr Irporf
Ma the (Common Tounril of the (dity of £►oath 1k a:
Your Committee of the Whole
March 20, 1969'.-
to whom was referred AN ORDINANCE PROHIBITING THE EXPOSING OF MINORS TO
HARMFUL MATERIALS AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF: �"_, a_�-
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to
the Council as favorable as amended.
Chairman