For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTE. To transfer possession, either publicly or for consideration.
KNOWLEDGE OF THE CONTENT AND CHARACTER. Having general knowledge or awareness of the character of the matters distributed and knowledge of the nature and character of the matters whether or not there is actual knowledge of the specific contents thereof. This knowledge can be proven by direct or circumstantial evidence or both.
MATTER. Any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, video cassette, 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.
OBSCENE.
(1) The average person, applying local contemporary community standards, would find that the matter taken as a whole, appeals to the prurient interest. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of act; and
(2) The average person, applying local contemporary community standards, would find that the matter depicts or describes in a patently offensive way, sexual conduct as that term is described in this section. Contemporary community standards are set by what is in fact accepted in the community as a whole; and
(3) A reasonable person would find that the matter, taken as a whole, lacks serious literary, artistic, political, or scientific value; and
(4) The matter describes or depicts violence or simulated violence such as but not limited to murder, rape, torture, sadomasochistic abuse, or beatings in association with or in conjunction with sexual conduct.
PATENTLY OFFENSIVE. So offensive on its face as to affront current community standards of decency.
PERSON. Any individual, partnership, firm, or association.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person 2clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed, for the purpose or in the context of sexual gratification or abuse.
SEXUAL CONDUCT. Actual or simulated acts of, whether involving persons or persons and animals:
(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex.
(2) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
(3) Sexual bestiality.
(4) Masturbation.
(5) Sadomasochistic abuse.
(6) Lewd exhibition of the genitals, pubic or rectal areas of any person.
(7) Defecation or urination in the context of a sexual act.
SIMULATED. Any depicting of the genitals or rectal areas which gives the appearance of sexual conduct or incipient sexual conduct.
('74 Code, § 12-9-4) (Ord. 65-1988)