76-5c-207. Indecent public display in the presence of a minor.
(1) As used in this section: "Description or depiction of illicit sex or sexual immorality" means: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals or pubic region; or fondling or other erotic touching of the human buttock or female breast. "Serious value" means having serious literary, artistic, political, or scientific value for minors, taking into consideration the ages of all minors who could be exposed to the material. "Nude or partially denuded figure" means: less than completely and opaquely covering human: genitals; pubic regions; buttocks; or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered. Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-201
(2) An actor commits indecent public display in the presence of a minor if the actor willfully or knowingly: engages in the business of selling, lending, giving away, showing, advertising for sale, or distributing to a minor or has in the actor's possession with intent to engage in that business or to otherwise offer for sale or commercial distribution to a minor any material with: a description or depiction of illicit sex or sexual immorality; or a nude or partially denuded figure; or publicly displays at a newsstand or another establishment frequented by minors, or where the minors are or may be invited as a part of the general public: a motion picture; a live, taped, or recorded performance; a still picture or photograph; or a book, pocket book, pamphlet, or magazine; and the cover or content of the items described in Subsection: (2)(b)(i) exploits, is devoted to, or is principally made up of a description or depiction of illicit sex or sexual immorality; or consists of a picture of nude or partially denuded figures.
(3) A violation of this section is a class A misdemeanor subject to: a minimum mandatory fine of not less than $500; and incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(4) It is an affirmative defense to prosecution for a violation of this section if the violation arises from displaying or exhibiting an outer portion of material that the material is: in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that the lower 2/3 of the material is concealed from view; placed behind a blinder rack; or displayed in an area from which a minor is physically excluded; and the material cannot be viewed by the minor from an area where the minor is allowed.
(5) This section does not apply to any material which, when taken as a whole, has serious value for minors, however, a description or depiction of illicit sex or sexual immorality has no serious value for minors.
(6) This section supersedes Section. 77-18-105