Display of Material Harmful to Minors and Marital Aid Devices.
Milwaukee Code of Ordinances § 106-9.6
in effect106-9.6. Display of Material Harmful to Minors and Marital Aid Devices.
1. DEFINITIONS. In this section:
a. "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement when it:
a-1. Predominantly appeals to the prurient, shameful or morbid interests of minors in sex.
a-2. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors.
a-3. Taken as a whole, lacks serious literary, artistic, political or scientific value.
b. "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
b-1. The character and content of any material which is reasonably susceptible of examination.
b-2. The age of the minor.
c. "Marital aid device" means a device designed or marketed primarily for use in achieving the sexual stimulation or arousal of human genital organs, including a dildo or artificial vagina.
d. "Material" means any book, cassette, magazine, motion picture film, newspaper, pamphlet, poster, print, picture, slide, figure, image, description, record, recording tape or video tape.
e. "Minor" means any person under the age of 18 years.
f. "Nudity" means: the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state.
g. "Person" means any individual, partnership, association, corporation or other legal entity of any kind.
h. "Sexual conduct" includes any of the following depicted sexual conduct:
h-1. Any act of sexual intercourse, actual or simulated, including genital, anal-genital or oral-genital intercourse, whether between human beings or between a human being and an animal.
h-2. Sadomasochistic abuse meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise physically restricted on the part of one so clothed.
h-3. Masturbation or lewd exhibitions of the genitals, including any explicit, close-up representation of a human genital organ.
h-4. Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
h-5. An act of sexual assault where physical violence or drugs are employed to overcome the will of or achieve the consent of a person to an act of sexual conduct and the effects or results of the violence or drugs are shown.
i. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
2. PROHIBITED DISPLAY. No person having custody, control or supervision of any commercial establishment may knowingly display marital aid devices, or any material whose cover, covers or packaging, standing alone is harmful to minors, in such a way that minors, as part of the invited general public, will be exposed to view the material or in such a way that the devices or material are easily visible from a public thoroughfare or sidewalk. A person shall not be deemed to have displayed material harmful to minors if those portions of the cover, covers or packaging containing such material harmful to minors are blocked from view by an opaque screen, border or cover. An honest mistake regarding the age of a minor shall constitute an excuse from liability if the defendant made a reasonable bona fide attempt to ascertain the true age of the minor.
3. PENALTY. Any person who violates this section shall, upon conviction, forfeit not more than $500, together with the costs of prosecution, or, in default of payment may be imprisoned in the county jail or house of correction for not more than 30 days. Each day on which a violation continues shall be determined a separate and distinct offense.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH106.pdf#page=5Fetched: 10/26/2026