A. It is unlawful for any person, offering for sale in a retail establishment open to the general public any book, magazine or other printed material the cover of which depicts nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement and which is harmful to minors, to knowingly exhibit that book, magazine or material in that establishment in such a way that it is on open display to, or within the convenient reach of, minors who may frequent the retail establishment. Such books, magazines or printed materials may be displayed behind an opaque covering which conceals the depiction of nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement, provided that those books, magazines or printed materials are not within the convenient reach of minors who may frequent the retail establishment.
B. It is unlawful for any person, offering for sale in a retail establishment open to the general public any book, magazine or other printed material the content of which exploits, is devoted to or is principally made up of descriptions or depictions of nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement and which are harmful to minors, to knowingly exhibit that book, magazine or material in that establishment in such a way that it is within the convenient reach of minors who may frequent the retail establishment.
History: Laws 1985, ch. 13, § 1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Standing to challenge constitutionality. — Trade association, wholesalers and retailers of books and periodicals had standing to challenge the constitutionality of Section 30-37-2 NMSA 1978 even though no district attorney has made a determination under Section 30-37-4 NMSA 1978 that specific material is harmful to minors and the plaintiffs had not received actual or constructive notice of the district attorney's determination. Am. Booksellers Ass'n v. Schiff, 868 F.2d 1199 (10th Cir. 1989).
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