§ 134.38. DISPLAY OF OBSCENE MATTER TO MINOR; KNOWLEDGE OF MATERIAL AND MINORITY.
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(A) A person is guilty of displaying obscene matter to a minor if that person possesses managerial responsibility for a business enterprise selling visual matter which depicts sexual intercourse or sadomasochistic abuse and which is harmful to minors, and that person knowingly permits a minor who is not accompanied by a parent or guardian to examine that matter.
(B) A person knowingly permits a minor to examine visual matter which depicts sexual intercourse or sadomasochistic abuse and which is harmful to minors, if the person knows both the nature of the matter and the status of the minor permitted to examine the matter.
(C) A person knows the nature of the matter if the person either is aware of the character and content of the matter or recklessly disregards circumstances suggesting the character and content of the matter.
(D) A person knows the status of a minor if the person either is aware that the person who is permitted to examine the matter is under 18 years of age or recklessly disregards a substantial risk that the person who is permitted to examine the matter is under 18 years of age.
(E) No person having custody, control, or supervision of any commercial establishment shall knowingly:
(1) Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view the material; provided, however, that a person shall be deemed not to have displayed material harmful to minors if the material is kept behind devices commonly known as blinder racks so that the lower 2/3 of the material is not exposed to view;
(2) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; and/or
(3) Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.
