12.1-27.1-03.1. Objectionable materials or performance - Display to minors - Definitions - Penalty

12.1-27.1-03.1. Objectionable materials or performance - Display to minors - Definitions - Penalty. 1. A person is guilty of a class B misdemeanor if he willfully displays at newsstands or any other business establishment frequented by minors, or where minors are or may be invited as a part of the general public, any photograph, book, paperback book, pamphlet, or magazine, the exposed cover or available content of which exploits, is devoted to, or is principally made up of depictions of nude or partially denuded human figures posed or presented in a manner to exploit sex, lust, or perversion for commercial gain. 2. As used in this section: a. "Nude or partially denuded human figures" means less than completely and opaquely covered human genitals, pubic regions, female breasts or a female breast, if the breast or breasts are exposed below a point immediately above the top of the areola, or human buttocks; and includes human male genitals in a discernibly turgid state even if completely and opaquely covered. b. "Where minors are or may be invited as a part of the general public" includes any public roadway or public walkway. c. The above shall not be construed to include a bona fide school, college, university, museum, public library, or art gallery.