§ 4-37. Enforcement.

(a)

Except as provided by subsection (b) of this section, any person violating section 4-22, upon conviction, is punishable by a fine as provided for in the general penalty provision found in chapter 1.

(b)

If the sexually oriented business involved is a nude model studio, then violation of section 4-22 is punishable as a Class A misdemeanor.

(c)

Except as provided by subsection (b) of this section, a violation of any provision of this article other than section 4-22, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 1-10.

(d)

It is a defense to prosecution under section 4-22 or section 4-32(d) that a person appearing in a state of nudity did so in a modeling class operated:

(1)

By a proprietary school licensed by the state; a college, junior college, or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

b.

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

c.

Where no more than one nude model is on the premises at any one time.

(e)

It is a defense to prosecution under section 4-22 or section 4-23(a) that each item of descriptive, printed, or film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.

(Code 1994, § 4.519)