Selling, loaning, or displaying pornography to minors

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  1. (a) It is unlawful for any person, including without limitation any person having custody, control, or supervision of any commercial establishment, to knowingly:

    1. (1)

      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.

      2. (B) However, a person is deemed not to have displayed material harmful to minors if:

        1. (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

        2. (ii) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material;

    2. (2)

      1. (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.

      2. (B) However, the prohibition under subdivision (a)(2)(A) of this section does not apply to any dissemination:

        1. (i) By a parent, guardian, or relative within the third degree of consanguinity of the minor; or

        2. (ii) With the consent of a parent or guardian of the minor; or

    3. (3)

      1. (A) Present to a minor or participate in presenting to a minor with or without consideration any performance that is harmful to minors.

      2. (B) However, the prohibition under subdivision (a)(3)(A) of this section does not apply to any dissemination:

        1. (i) By a parent, guardian, or relative within the third degree of consanguinity to the minor; or

        2. (ii) With the consent of a parent or guardian of the minor.

  2. (b) A violation of subsection (a) of this section is a Class B misdemeanor.


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