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�1� Minor" means an individual younger than 17 years. <br />2"Harmful material" means material whose dominant theme taken as a <br />whole: <br />(A) appeals to the prurient interest of a minor, in sex, nudity, <br />or excretion; <br />(B) is patently offensive to prevailing standards in the adult <br />community as a whole with respect to what is suitable for <br />minors; and <br />(C) is utterly without redeeming social value for minors. <br />(b) A person commits an offense if, knowing that the material is harmful: <br />(1) and knowing the person is a minor, he sells, distributes, <br />exhibits, or possesses for sale, distribution, or exhibition to <br />a minor harmful material; <br />(2) he displays harmful material and is reckless about whether a <br />minor is present who will be offended or alarmed by the display; <br />or <br />(3) he hires, employes, or uses a minor to do or accomplish or assist <br />in doing or accomplishing any of the acts prohibited in Subsection <br />(b)(1) of (b)(2) of this section. <br />(c) It is a defense to prosecution under this section that: <br />(1) the sale, distribution, or exhibition was by a person having <br />scientific, educational, governmental, or other similar justifi- <br />cation; or <br />(2) the sale, distribution, or exhibition was to a minor who was <br />accompanied by a consenting parent, guardian, or spouse. <br />(d) An offense under this section is a Class A misdemeanor unless it is <br />committed under Subsection (b�(3) of this section in which event it is <br />a felony of the third degree. <br />The preceding has outlined the substantive limitations of that which can <br />be found obscene in the State of Texas. The enforcement of those sections of the <br />State Penal Code applying to obscene material is left to the discretion of the <br />District and County Attorneys. <br />The remainder of this report will concern the controls that the City may <br />impose to regulate the adult -only industry through land use controls, licensing, and <br />measures to assure that minors will not be allowed to purchase or view the display <br />of pornographic material in commercial businesses. <br />THE NATIONAL PROBLEM/CITIES <br />Urban areas across the nation are beginning a crackdown on the growth of sex - <br />oriented businesses. Recent public outcries and national exposes have been forcing <br />new evaluations of existing pornography law. This renewed attack on pornography is <br />-5- <br />EVER00325 <br />