Distribution of Harmful Material to Minors
San Diego Municipal Code § 58.07
in effect§58.07 Distribution of Harmful Material to Minors
(a) Purpose and Intent. The citizens of this City have a legitimate and exigent interest in the prevention of the distribution of material deemed harmful to minors. While the laws of this State prevent the sale or distribution of obscene matter, no distinction is made in such laws as to matter which is deemed harmful to minors. Recognizing that the total suppression of material deemed harmful to minors would reduce the adult population of this City to reading, viewing and otherwise observing that which is fit only for children, the further purpose and intent hereof is to distinguish between adults and minors as to material deemed fit for them, and to prohibit the distribution to minors of material, which, while not proscribed for adult consumption under the law as interpreted by the courts, is nevertheless deemed harmful to children, thereby serving the spiritual, emotional, mental and physical welfare of our youth and of all the citizens of this City.
(b) Definitions, As used in this Section:
(1) “Minor” means any natural person under the age of 18 years.
(2) “Matter” means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines or materials. “Matter” also includes live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.
(3) “Person” means any individual, partnership, firm, association, corporation or other legal entity.
(4) “Distribute” means to transfer possession of, whether with or without consideration.
(5) “Exhibit” means to show.
(6) “Knowingly” means being aware of the character of the matter.
(7) “Harmful Matter” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is a matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
(A) When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it if designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group.
(B) In prosecutions under this chapter, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political, or scientific value for minors.
(c) It is unlawful to display matter which is harmful to minors, as defined in this section and Chapter 7.6 of the California Penal Code, in a public place, other than a public place from which minors are excluded, without placement of devices known as blinder racks in front of the material, so that the lower two–thirds of the material is not exposed to view.
(Amended 3–20–1989 by O–17265 N.S.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art08Division00.pdf#page=4Fetched: 10/28/2026