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63 of 1968 - Amending Title 32, Chapter 7, adding Section 32-7-7, pertaining to miscellaneous offenses relating t ROLL CALL July 9 8 VOTING Aye Nay Salt Lake City,Utah, ,196........ Barker — I move that the Ordi be passed. Catmvll Harrison . . �� "a r.'...... ...' ��f�r�✓ Mr. Chairman . C/AN ORDINANCE Result AN ORDINANCE AMENDING Chapter 7 of Title 32, of the Revised Ordi- nances of Salt Lake City, Utah, 1965, by adding thereto a new section to be known as Section 32-7-7, pertaining to miscellaneous offenses relating to minors. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Chapter 7 of Title 32 of the Revised Ordinances of Salt Lake City, Utah, 1965, be, and thesame hereby is, amended by adding thereto a new section to be known as Section 32-7-7, relating to exposing minors to harmful materials, to read.as follows: "Sec. 32-7-7. Exposing minors to harmful materials. (1) Defini- tions. As used in this section: "(a) 'Minor' means any person under the age of eighteen years. "(b) 'Nudity' means the showing of the human male or female genitals, pubic area or buttocks with less than a full 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 dis- cernibly 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 female 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 bizzarre costume, or the condition 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 excitement, or sado-masochistic abuse, when it: (ai) predominantly appeals to the prurient, shameful or morbid interest of minors, and (b') is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and 63 -2- ' 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: (a-) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (hr) 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. "(2) It shall be unlawful for any person knowingly to sell or loan 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 portion 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 emumerated in paragraph (a) of subdivision 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. "(3) It shil be unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly 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, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors. "(4) A violation of any provision hereof shall constitute a misdemeanor." SECTION 2. In the opinion of the Board of Commissioners it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City, Utah, that this ordinance become effective immediately. SECTION 3. This ordinance shall take effect upon its first pub- lication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 9th day of July, 1968. 7 ) j (S E A L) / . J� !' / BILL NO. 63 of 1968 � Published July 12, 1968 MAYOR � � CTY R COR ER ja AOM•agA • • • • ILegnl Notice IM • qy ORDINANCE Affidavit .of Publication (d Ir AN is ORDIN AMENDING i by fgoDfy�7as dp'affIT'tt. kf ICIIyR,lllah i Hon t bedknrypD asyn tSection 31',.W stV j pertaining to Miscellaneous offenses nt }relating too minors. Be itordained byy the Board of Utah, slon¢rs of Salt Lake CItY•I S •"SECTION 1. That Chopler 9 of U SS. 1 Tllm 3o of the Revised Ordinar,ce5 of �-I the same t Lake hereby ah,19d5,amende,ten Ge adding hereto a 5 eclion to be e known as Section n32-]-],relating fo - ll ,I �)C IC�V exposing minors to harmul m leri-rl, aIL to read as sfollows: --------- Sec. 32-1-7. Exposing Inpri to— Iiharmful materials.. (1) OeFinNlons. As used in this section: '(a) 'M'mor' any Person W anger the age meansfeaeighteen year,. p Being first duly sworn,deposes and says that he is legal adver- he Nudity' be showing rising clerk of the DESERET NEWS. a daily (except Sunday) f the human' means female 6 talc,pubic area or buttocks with less than full opaque covering,or the newspaper in the English language with eneral cir- show,ng or the femM breast with1printed �" �' less than a fully ore too otYertng of' (Illation in Utah, and published in Salt Lake City, Salt Lake y portion thereof below the top of the nipple,or the deelemn of e- County,in the State of Utah. erect male genitals In discernibly turgid mate. • let 'Sexual conduct' acts ens for masturbation,follfe o?lisny" a That the legal notice of which a copy is attached hereto v 1 Inlefcovfse, phYsl<el taco with pepuble red,tl clothe¢S suchta person Be a'femlaleks or,it breast,Id PersonSilt T ]Ce City t;i.ii 1+10 63 of 1968 such sexual 'u t°.`"M 5 me c dltials of human l le Me male genitals when in a tare of sex- ual 1, 5rimmahpn m aft"air n n Ordi na:nr,la pertnini ng to m1 scollaneous 'le) Satlo�m+lsmM1lstic base' h. s flagellation o I afro ey or mpons a person dad it ucostume. nil a k or blzaln5 tune. S or the condition of hemp tethered.3 of relating to minors. ona otherwise par f One SO e ' ly restrained clothed, or oma Hart of ono m soli -------.___ "(d. (fl alley of an descrri tionoao �, that representation,f Y P C'L nudity,soma{conduct,c sex lexcorm, f m n)y,aex"o d sexual abuse, I r sadomasa:hlsfl= abuse, 2 when,prIt: eels to the P redoameful a • stprurient,in ors,anUlor morbid Inter- i tr) is Pate tly nd tb) Is standards n a le on-IL July 12, 1968 veiling as'aarhide the aQScect for was published in said newspaper on what is suitable material for minors,i lc is utterly without,redeemlee L social " 'Knowingly'ar m s'having_ general tor a"bet of nof'gmund reason be- L lief which warrants further inspec- tion or inquiry or both: --- -.'.---- '�. ba) the character d content f y materil described herein which Is reasonably susceptible ofr examine- l ,/12�",i�� tion by e a e of the and .._ however, a of the Inor,providedstake nth an honest frrnsake Txegal Advertising Clerk itt e triune an x"Se Witty constitute if IM1e defendantfide made noble bona Ilse such mina-ascefleln M!true ap@ f "Is) I}shall be unlawful for y �erspn knowingly to sell or loan any, nay=an dererton to a minor: • kdawiug,AsculpuIre, motion eh ho before me this 1'i'r day of flint,o similar vie of a sual repOr resentation ation or the human body which depicts nub-' �� _tmaameisxncl ab0°ono owhi=nadii 1 A.D. 19 harmful to minors,or "(b)Any book,pamphlet, maga. sine,printed metier however rep o, duced, or sound recording which contains any matter enumerated In I Varagraph (al of subdivision two I , • /- hereof,or explicit and detailed a rave E b a luntdescriptionsl excitement,sex- ualnarrative j/� '`"conduct or sexual ado�masochI, Notary Public aUSe`a and hich,taken as a wnole,l Is harmful tominors. '(3) Ir shall be runlawbibitfofor any' persofary-owinglY o e consideration sell to exhibit a minor i oradmission knowingly to orl pass or minor np Ms ly to admit aminor fora ne there isaenhi bleed Pa emotion picture,l show or other presentation which,In whole on In dUcpart,depictst or sadomasochistic L- Iabuse`oand which Is harmful to 4 minlorrs.A violation of any provision L hereof shalt constitute a lsdamean or SECTION 2.In the opinion of the Board of Commissioners it is e sary to iha peace,health deb I' tare M iha Inhabitant:of Salt Lake - City, man,then this ordinance be- Ifecflce Immediately. ooSECTION 3.Title ordinance shall - take effect upon Its first pvbllcation,xt Passed by the Boartl t Commis-_ stoners of Salt Lake City,Utah,this rich 9}h day of Jr.'BIRACKEN LEE, t, Mayor, o HERMAN J. IIOG ENSEN, s M..L1,10.63 of 196a CdY Recorder. a� Published July 19.-.19da_ __Itl-29)li F(