107 of 1972 - Amending Section 32-7-7, making it illegal to knowingly display or permit to be displayed any materi 'ROLL CALL a6\
v OTING Aye Nay Salt Lake City,Utah, Septe.trb er 28 19 72
Mr.Chairman
Barker / I move that the inanee be passe /
f / f
Harmsen
Harrison /
Phillips !�
AN ORDINANCE
Result
AN ORDINANCE AMENDING Section 32:7-7 of the Revised Ordinances
of Salt Lake City, Utah, 1965, as amended, relating to exposing minors
to harmful materials.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Sec. 32-7-7 of the Revised Ordinances of Salt Lake
City, Utah, 1965, as amended, relating to exposing minors to harmful
materials, be, and the same hereby is, amended to read as follows:
Sec. 32-7-7. Exposing minors to harmful materials. (1)
Definitions. As used in this section:
(a) "Minor" means any person under the age of eighteen years.
(b) "Nudity" means: (1) The showing of the human female
or male genitals, pubic area or buttocks with less than a fully
opaque covering, (2) the showing of the human female breast from
the beginning of the areaola, papilla or nipple to the end thereof
iirith less than a fully opaque covering, or (3) the depiction of
the covered male genitals in a discernable turgid state.
(c) "Sexual conduct" means acts or portrayals which present
an illusion of actual or simulated acts of:
(1) Masturbation
(2) Homosexuality
(3) Sexual copulation between a human and a beast
(4) Human sexual intercourse
(5) Fellation
(6) Cunnilingus
(7) Pederasty
(8) Any anal copulation between a human male, another
human male, female, or a beast, or
(9) Fondling, manipulating, caressing, or other erotic
touching by any person of the: (a) genitals of a
human; (b) covered or uncovered pubic area of a human,
or (c) covered or uncovered human female breast; pro-
vided, however, that this subsection shall not be
inperpreted to include within the scope of its pro-
hibition the nursing of an infant child.
(d) "Sexual excitement" means the condition of human male or
female genitals when in a state of sexual stimulation or arousal.
(e) "Sado-masochistic abuse" means the flagellation or tor-
ture by or upon a person clad in undergarments, a mask or bizarre
costume, or the condition of being fettered, bound or otherwise
physically restrained on the part of one so clothed and presented
in a context which appeals to the prurient interest of a sexually
deviant group.
- 2 -
(f) "Harmful to minors" means that quality of any descrip-
tion, or representation, in whatever form, of nudity, sexual
conduct, sexual excitement, or sado-masochistic abuse, when it:
(1) predominantly appeals to the prurient, shameful
or morbid interest , of minors, and
(2) is patently offensive to prevailing standards in
the adult community as a whole with respect to what are
suitable materials for minors, and
(3) is utterly without redeeming social importance
for minors.
(g) "Knowingly" means having: (1) knowledge of the char-
acter of the publication or materials, (2) failure on notice to
exercise reasonable inspection which would disclose the content
and character of the publication or materials which is reason-
ably susceptible to examination by the defendant, (3) general
knowledge, reason to know, or a belief or ground for belief
which warrants further inspection or inquiry or both of:
(a) the character and content of any material des-
cribed herein which is reasonably susceptible of examin-
ation by the defendant, and
(b) 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.
(h) "Display" as used in this section means exhibiting any
material covered by this section in such a manner that nudity, sexual
conduct, sexual excitement or sado-masochistic abuse, which is harm-
ful to minors:
(1) is observable without removing said material from the
rack or place at which it is exhibited, or
(2) is observable only upon examination inside the cover
thereof; provided, however, that this subsection (2) of section
(h) shall not include material which is under the direct con-
trol and supervision of a person 18 years of age or older and
physically located on the business premises as to reasonably
prevent minors from handling or examining any such material.
(2) It shall be unlawful for any person in Salt Lake City to
knowingly sell, loan, display, show or engage in the business of
selling, lending, giving away, displaying, advertising for sale,
or distributing to minors:
(a) any picture, photograph, drawing, sculpture,
motion picture film or similar visual representation or
image of a person or portion of the human body which
depicts nudity, sexual conduct, sexual excitement, or sado-
masochistic abuse which is harmful to minors, or
(b) any book, pamphlet, magazine, printed matter how-
ever reproduced, or sound recording which contains any
matter enumerated in paragraph (2) of subdivision (2) hereof,
or narrative accounts of sexual excitement, sexual conduct
or sado-masochistic abuse which is harmful to minors.
(3) It shall be unlawful for any person to knowingly sell to a minor
an admission ticket or pass to a premises wherein there is exhibited
a motionrpicture, show or other presentation which in whole or in
part depicts nudity, sexual conduct, sexual excitement, or sado-
masochistic abuse which is harmful to minors.
1_ 7
-3-
(4) It shall be unlawful for any person to knowingly display or
permit to be displayed on any portion of any newsstand, bookstore,
magazine shop, store, or on any portion of any business estab-
lishment, where minors are or may be invited as part of the
general public, any photograph, motion picture, still picture,
book, pocket book, pamphlet, record, sound recording, magazine,
the cover or content of which depicts nudity, sexual conduct,
sexual excitement or sado-masochistic abuse and which is harmful
to minors.
(5) If any part of this section or the application thereof to
any person or circumstances, shall for any reason be adjudged by
a court of competent jurisdiction to be unconstitutional or
invalid, such judgment shall not affect, impair or invalidate
the remainder of this law or the application thereof to other
persons and circumstances, but shall be confined in its opera-
tion to the section, subsection, sentence or part of the section
and the persons and the circumstances directly involved in the
controversy in which such judgment shall have been rendered. It
is hereby declared to be the intent of the Board of City Commis-
sioners that this section would have been adopted if such invalid
section, providion, subdivision, sentence or part of the section
or application had not been included.
(6) Nothing in this section shall be construed to condone or
permit adults to have, sell, possess or in any way deal with
obscene materials prohibited by other law or ordinance.
.darrEn)(ZXXXIfffiaXablidiffaCrUftiaaXIOCXEKlifaXdiffadtarigaCatsMifiafaitierKia
hL'ti��r7CX
Passed by the Board of Commissioners of Salt Lake City, Utah, this
28th day of September 1972.
MAYOR 1111
Chief 1793utY CITY RECORDER
(SEAL)
BILL NO. 107 of 1972
Published October 4, 1972
ADM•.90A
Affidavit of Publication
STATE OF UTAH, 1 ss.
County of Salt Lake
_ ---- __
pN ORDINANCE
AN ORDINANCE AMENDING 3Rn f R dOrs harm. Beth Phelps
iMno
Solt Lake City,Utah,1965,a amended,
mentl d clot t exposing
1 I material,.
Beit ordained by the BpCommissioners d f f Solt Lake
Salt 1 Utah,
uke Rein tint duly sworn,deposes and says that he is legal a ver-
SECT ON I.'That S J2-J J t the Revised Ordinances thoist 1 - I.,be, g
UMh c.3 amended, minors
road ill
or.the=m h m Definition,Ac tuning clerk of the DESIt:RIT NEWS, a daily (except Sunday)
same r
d' this r under newspaper printed in the Fr l'.�h language with general cir-
M (1)The1 f thebunionle ;e crdation in Utah, and published in Salt Take City, Salt Lake
(in Of—Nudity"r buttocks with - than fully aala a tit
f ° f 1" or(3) County,in the State of Utah.
showing f th i female breast n h b
I nipple 1 the end e d f.I i9 italsss hi an a Ie ibleat Y t. i
th tl i Se t11 f r poi l'which P 1 illusion!
) Se 1'conduct"
of actual or simulated acts at • That the, legal notice of which a copy is attached hereto
(1)Mnlurbatl0n
(3)S a copulation
4
(3)Sexual copulation between a human and a beast-
(a) to_ex�zosing_ninore_to
(a)Human sexual intercourse An O's1ice-_,L"ehti -
(hi Fellation pr]
(7)PU L L2 a
o)Andpulationet e ahumnmole,anotherhuman ale,to- Bill No. 107 of ILL
:(B)An anal o between harmful materials.
mnl o or a beast,or - r otd9r erotic taacdin9 by any
(n)Fondling,and Motto I r 'union',h,n or -00
aeraoh m n',.n(Clco0 covered
o hunc v;ed no tioondfemale brerast pubic area
ofo001,human',.or c uncle or uncovered provided;
fr
scope
of its
prohibition
subsection shall not be Intl child_
to Include within the
e of Itsxual exc an thet".. e nursing of an infant
ditionlr of human mole 0i female
coital"Sexual a state o.Sexu cam s 01,11501.
e)when in a state tic abuse'
stimulation eanthe
erflopellation or torture by o
genitals 10) clods nisldc°base means r person
fettered,
In undergarments,or a musk.or bizarre costume,or the con
dition of fetiored,bound or otherwise physically restrained on the pant
I of one so clothed and presented in a context which 0PPe01s to theiM1u prarienlin-
terest of a Sexually deviant WOW,
ill'H arm ful to Ih sexual
lit 1 description,excitement,repro-
f t nwhatever.fora of nudity, I conduct,
atlolii a0 d t It(-n PI to the Prurient,s amefu,or morbid- est of was published in said newspaper on
and
hzle wih patentlyoffensive f M1 t ''1 blast tl tli-t tl e d It- tv°s
ia)is N uhpat Tl ml - -al t f the character of me ._.October U'ti l9 2
() haying:()knowledge I pee
K
I PIri arch Itl¢ y I tt t t h t f1h bL e
t which s so t know,111.1belief examination IYdhf rdefendant,
belief thfgeneral h
knowledge;
t f tryer inspection ofl both 1' h his
fa)bl h t f content P Y i described 1 �yt\��tC \ �C,
t th therm I IYfI defendant,
t and -i had .�
IUl the f se provided,h sa _.
constitute amliability hereunder,n exhibiting f t a. Legal Atl'vertising -Jerk
' one bum itd n a±ro t' m 1 uch �material coy-(h) D ,u sea' this 1x n
oiteme this gadogn s h h a Manner'which
nudity,arharmful
to conduct,
citemaf or sero Ole without
abuse,which Is material
to minors:r
(1) observable nth 1 removing d t 1 f nr the rock or pl ce
1 which it IS h bit d (ion tl the cover nM1areof,provid-
ed,ho) observable onlyuponof t ()shun not include material
haw 1 that this b.t' ofe 6th day of
or old is n der the d sect control old supervision of a person o of g me this ._
ventldminorss f romr halndlocated
nv no examlining business
such materiel. reasonably Pre-
v n,drsPlav,r show or engagl be unlawful e In the business of sell any person in Solt ing lending,giving away. v/
loan,
advertising far sale,or distributing to minorsa on picture film or,A.D. 19_J 2_•
(at d l repro photograph,or,image
of a personaorrportion of the human
similar '- representation excitement, sa
body hiwhich bdepictsnudity,
masochistic I which harmful l t 1 mutter 1 ducetl, •
(b) book,pamphlet, f d _ h(2)of \ '
or and recordingwhich t tmatteraccounts f excitement,sexual
conduct
I211 f _ l�.- �P/�
<o Itl dl i maunlawful
n hl 1 b which harmful knowingly
t II f minor u
sl o sham be nh t f Notary Public
admission oroth r presentation
t0 premises wherein there-'o port
depicts
tea a lion p c-
ual conduct,sexual excitement,orch in sado monochlsticle or in nabuse ewhich harmhn
to minors. i shop,
tin It shall be any
portion
i n i nelson IUouksfel0,display orfncr all to
be displayed on an poi 0 newsstand,bush mcnt,where magazine
are or
more,e invited edYs part on ofenst000l e a I , ti
Yel b o moo of the public,,any record,
orkll4 recording,motion dare,'
still pieea rot door,ottent of °°1
citement or v ado,masochistic abusedanndcwshich is 11ormfurl to mi rors.exu l ox-
itcation
ct circumstances,shallf for any reason b-ths section or e odivndged by to court of hereto,tf0 oompetent tart
rlsdiction to be unconstitutional or Invalid,such lodgment shall not offect,I
impair or invalidate the remainder of this law or the application thereof to!
its
sration to Met
ts n persons and c
subsection,sentence ors part of the s ctlon and but shall he confined nthe persons and 1he1__
sy
circumstances
h all have directly
If is hereby declared tovolved in the rbe tine Intent of the wMch such n Board of
sCity Comisioners that ection,provision,subdivision,sentence or tall of the section s section would have been adoptedInvauch lid,
o
had not been included.
(61 Nothtn9 in this section shall be ronsttUPd to condone or Permit adults
to have,sell,possess or it nY w00 deal With obnCene materivlo Prohibited by
'other low or ordinance. Utah,this nth
by the Board of Commissioners of Salt Lake City,
tlav of September,19]l. F.J.GOON
Mayor
AMILDRED.V.HIGHAM i
Chief Deputy Coy Recorder
(SEAL) {A-16)
BILL4,NO.101 of 1912
.m xhed October 1972
..4 It (