Criminal Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. — Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.
Sale, exhibition, or Distribution Harmful Material to Minors — La RS 14:91.11
The unlawful sale, exhibition, rental, leasing, or distribution of material harmful to minors is the intentional sale, allocation, distribution, advertisement, dissemination, exhibition, or display of material harmful to minors, by a person who is not the spouse, parent, or legal guardian of the minor to any unmarried person under the age of 18 years, or the possession of material harmful to minors with the intent to sell, allocate, advertise, disseminate, exhibit, or display such material to any unmarried person under the age of 18 years, by a person who is not the spouse, parent, or legal guardian of the minor at a newsstand or any other commercial establishment which is open to persons under the age of 18 years.
“Material harmful to minors” is defined as any paper, magazine, book, newspaper, periodical, pamphlet, composition, publication, photograph, drawing, picture, poster, motion picture film, video tape, video game, figure, phonograph record, album, cassette, compact disc, wire or tape recording, or other similar tangible work or thing which exploits, is devoted to or principally consists of, descriptions or depictions of illicit sex or sexual immorality for commercial gain, and when the trier of fact determines that each of the following applies:
(a) The material incites or appeals to or is designed to incite or appeal to the prurient, shameful, or morbid interest of minors.
(b) The material is offensive to the average adult applying contemporary community standards with respect to what is suitable for minors.
(c) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.
(1) It shall be unlawful for a person who is not the spouse, parent, or legal guardian of the minor to invite or permit any unmarried person under the age of 18 years of age to be in any commercial establishment that exhibits or displays any item, material, work or thing of any kind that is described above.
(2) Lack of knowledge of age shall not constitute a defense, unless the defendant shows that he had reasonable cause to believe that the minor involved was 18 years of age or more and that the minor exhibited to the defendant a selective service card, driver’s license, military identification card, birth certificate or other official or apparently official document purporting to establish that such a minor was 18 years of age or more.
(3) A commercial establishment shall not be in violation of this Section if the commercial establishment provides for a separate area for the exhibition or display of material harmful to minors and designates said area “NOT FOR MINORS” or similar words and the commercial establishment prohibits persons under the age of eighteen years from seeing or examining the contents of material harmful to minors.
(4) This section does not preempt, nor shall anything in this section be construed to preempt, the regulation of obscenity by municipalities, parishes and consolidated city-parish governments; however, in order to promote uniform obscenity legislation throughout the state, the regulation of obscenity by municipalities, parishes and consolidated city-parish governments shall not exceed the scope of the regulatory prohibitions contained in the provisions of this section.
(5) Prior to selling material harmful to minors as provided for by this Section, a commercial establishment shall require the individual purchasing the material harmful to minors to provide a driver’s license, selective service card, military identification card, birth certificate, or other official form of identification which on its face establishes the age of the person as 18 years or older.
Whoever is found guilty of violating the provisions of this Section shall be fined not less than $100.00 dollars nor more than $2,000 dollars or imprisoned for not more than 1 year, or both.