(a) It is unlawful for a person to display for sale or rental a visual depiction, including a videocassette tape or film, video game, computer software game, or a written representation, including a book, magazine or pamphlet, that contains material harmful to minors anywhere minors are lawfully admitted.
(b) The state has the burden of proving that the material is displayed. Material is not considered displayed under this section if:
(1) The material is:
(A) Placed in “binder racks” that cover the lower two thirds (2/3) of the material and the viewable one third (1/3) is not harmful to minors;
(B) Located at a height of not less than five and one half feet (5˝˘) from the floor; and
(C) Reasonable steps are taken to prevent minors from perusing the material;
(2) The material is sealed, and, if it contains material on its cover that is harmful to minors, it must also be opaquely wrapped;
(3) The material is placed out of sight underneath the counter; or
(4) The material is located so that the material is not open to view by minors and is located in an area restricted to adults;
(5) Unless its cover contains material which is harmful to minors, a video cassette tape or film is not considered displayed if it is in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction; or
(6) In a situation if the minor is accompanied by the minor's parent or guardian, unless the area is restricted to adults as provided for in subdivision (b)(4).
(c) A violation of this section is a Class C misdemeanor for each day the person is in violation of this section.
Acts 1989, ch. 591, § 1; 1990, ch. 1092, § 5; 2000, ch. 763, § 2.