(a) It is unlawful for any person, including without limitation any person having custody, control, or supervision of any commercial establishment, to knowingly:
(1) (A) Display material that is harmful to minors in such a way that the material is exposed to the view of a minor as part of the invited general public.
(B) However, a person is deemed not to have displayed material harmful to minors if:
(i) The material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (2/3) of the material is not exposed to view; or
(ii) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material;
(2) (A) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor with or without consideration any material that is harmful to minors.
(B) However, the prohibition under subdivision (a)(2)(A) of this section does not apply to any dissemination:
(i) By a parent, guardian, or relative within the third degree of consanguinity of the minor; or
(ii) With the consent of a parent or guardian of the minor; or
(3) (A) Present to a minor or participate in presenting to a minor with or without consideration any performance that is harmful to minors.
(B) However, the prohibition under subdivision (a)(3)(A) of this section does not apply to any dissemination:
(i) By a parent, guardian, or relative within the third degree of consanguinity to the minor; or
(ii) With the consent of a parent or guardian of the minor.
(b) A violation of subsection (a) of this section is a Class B misdemeanor.
Section: 5-68-502Last modified: November 15, 2016