450.155 Exhibition, display or advertisement of certain vending machines by use of certain material prohibited.

(1) Definitions. In this section:

(a) “Contraceptive article" means any drug, medicine, mixture, preparation, instrument, article or device of any nature used or intended or represented to be used to prevent a pregnancy.

(b) “Material" means any visual representation, image, printed matter however reproduced or sound recording.

(c) “Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it does all of the following:

1. Predominantly appeals to the prurient, shameful or morbid interest of minors.

2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.

3. Lacks serious literary, artistic, political or scientific value, if taken as a whole, for minors.

(d) “Knowledge of the minor's age" means knowledge or information that the person is a minor.

(e) “Knowledge of the nature of the material" means any of the following:

1. Knowledge of the character and content of any material described herein.

2. Knowledge or information that the material described herein has been adjudged to be harmful to minors in a proceeding instituted under sub. (2), or is the subject of a pending proceeding instituted under sub. (2).

(f) “Minor" means any person under the age of 18 years.

(g) “Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

(h) “Person" means any individual, partnership, firm, association, corporation or other legal entity.

(i) “Sadomasochistic abuse" means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.

(j) “Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.

(k) “Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(L) “Vending machine" means any mechanical device which automatically dispenses contraceptive articles upon the deposit in it of specified coins in payment for the contraceptive articles.

(2) Exhibition, display or advertisement of certain vending machines by use of material harmful to minors.

(a) No person with knowledge of the nature of the material and with knowledge of a minor's age, may, for commercial purposes, exhibit, display or advertise by use of any material which is harmful to minors a vending machine that dispenses contraceptive articles.

(b) Whoever violates par. (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

History: 1985 a. 146.