CITY OF COON RAPIDS, MINNESOTA
CHAPTER 7-600
DISSEMINATION OF EXPLICIT SEXUAL MATERIALS TO YOUNG PERSONS

7-601 Purpose. The City Council of the City of Coon Rapids has determined that it is in the best interest of the citizens of this community that the dissemination of explicit sexual materials to persons under 18 years of age be regulated. These regulations are necessary to assist parents in supervising and controlling the accessibility of such materials to children. These regulations do not prohibit children from receiving whatever social or educational value there may be in such materials, but give to parents an opportunity to exercise parental control over the means and timing of such exposure.

7-602 Offense. A person who does any of the following shall be guilty of a misdemeanor:

(1) Knowingly disseminates explicit sexual material to young persons.
(2) Knowingly displays explicit sexual materials for sale in an area to which young persons have access unaccompanied by parents or guardian.
(3) Knowingly permits young persons to enter and remain unaccompanied by parent or guardian in an area designated for the display to adults of explicit sexual materials.

7-603 Definitions. For the purpose of this Ordinance, the terms used shall have the following meanings:

(1) “Young person” means any person under the age of 18 and unmarried.
(2) “Explicit sexual material” means any pictorial or three-dimensional material including, but not limited to, books, magazines, films, photographs, and statuary which is made up in whole or in dominant part of depictions of human sexual intercourse, masturbation, sodomy (necrophilia or oral or anal intercourse), direct physical stimulation of unclothed genitals or flagellation or torture in the context of a sexual relationship, or which emphasizes the depiction of uncovered adult human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
(3) “Disseminate” means to sell, lease, or exhibit commercially or, in the case of exhibition, to sell an admission ticket or pass or to admit persons who have bought a ticket or pass to the premises whereon an exhibition is presented.
(4) “Display for sale in an area to which young persons have access unaccompanied by a parent or adult” means display of material for sale so that young persons may see portions of the material constituting explicit sexual material.
(5) An offense is committed “knowingly” if:

(a) The defendant knew that the recipient of material was a young person or had grounds to believe it probable that the recipient was a young person and failed to make reasonable inquiries to determine the age of the recipient; and if the defendant was aware that contents of the material clearly fell within the definition of explicit sexual material contained in clause b.
(b) Had reason to know that the contents of the material were likely to fall within the definition of explicit sexual material and failed to examine the material to ascertain the contents.
(c) After notice from the City Attorney that he has determined that specific material falls within the definition of explicit sexual material, defendant fails to remove the materials from an area to which young persons have access unaccompanied by a parent or guardian.

7-604 Notice. The City Attorney, based upon information lawfully gathered and supplied to him by the Police Department or other sources, shall give notice to a person that specific material being displayed for sale in areas accessible to young persons unaccompanied by parent or guardian constitutes explicit sexual material under the terms of this Ordinance. Such notice shall be in writing and shall be mailed or delivered in person to the alleged offender. The notice shall describe the material so as to permit the person to readily identify the same and shall state that legal action may be instituted five (5) days after receipt unless the material is placed in an area which meets the requirements of this Ordinance.

7-605 Defenses. It shall be an affirmative defense to a prosecution under this Ordinance for the defendant to show:

(1) That the dissemination was made with the consent of a parent or guardian of the recipient; that the defendant was misled as to the existence of parental consent by a misrepresentation of parental status, or that the dissemination was made to the recipient by a person involved in the educational or religious training of the recipient in the discharge of official responsibilities, including, but not limited to, teachers, librarians, clergymen, and medical practitioners.

7-606 Exemption for Broadcasts. The prohibition of this Section shall not apply to broadcasts or telecasts through facilities licensed under the Federal Communications Act, as amended, 47 USC, Section 301, et seq.