§ 133.04  OBSCENITY.
   (A)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      DISTRIBUTE. To transfer possession, whether with or without consideration, by any means.
      KNOWINGLY. Having general knowledge of, or reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry or the character and content of any material, taken as a whole, described in this section, which is reasonably susceptible to examination by the defendant.
      HARMFUL TO MINORS. The quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
         (a)   Predominantly appeals to the prurient, shameful or morbid interest of minors;
         (b)   Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
         (c)   Is lacking in serious literary, artistic, political or scientific value for minors.
      MATERIAL or WORK. Any book or magazine, newspaper, comic book, pamphlet or other printed or written material or any picture, drawing, photograph, figure, image, motion picture, whether or not positive or negative exhibited or screened, play, night club or live performance, television production, other pictorial representation or electric reproduction or any recording transcription, mechanical or otherwise, or any other articles, equipment, machines or materials.
      MINOR. Any unmarried person under the age of 18 years.
      NUDITY. The showing of the human, post-pubertal male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
      OBSCENE.
         (a)   An average person applying contemporary community standards would find that the work, material, conduct or live performance taken as a whole predominantly appeals to the prurient interest or a shameful or morbid interest in nudity, sex or excretion;
         (b)   The work, material, conduct or live performance depicts or describes in a patently offensive way sexual conduct specifically set out in divisions (B) through (D) below; and
         (c)   The work, conduct, material or live performance taken as a whole lacks serious literary, artistic, political or scientific value.
      PERSON. Any individual, partnership, firm, association, corporation, trustee, lessee, agent, assignee or other legal entity.
      PERFORMANCE. Whether with or without consideration, shall mean any play, motion picture, dance or other exhibition performed before an audience.
      PROMOTE. To manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or place an order for advertising, or to knowingly offer in person or through an agent or agree to do the same.
      SEXUAL CONDUCT. Acts of masturbation, homosexuality, sodomy, sexual intercourse or prolonged physical contact with a person’s clothed or unclothed genitals, pubic area or buttocks or, if the person be female, breast.
      SEXUAL EXCITEMENT. The condition of the human male or female genitals when in a state of sexual stimulation or arousal.
      SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a nude person or a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained when performed to predominantly appeal to the shameful or morbid interest.
(Prior Code, § 6-319)
   (B)   Sale of obscene literature and material to minor. It shall be unlawful for a person knowingly to sell deliver, distribute, display for sale or provide to a minor or knowingly to possess with intent to sell, deliver, distribute, display for sale or provide to a minor:
      (1)   Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body, or any replica, article or device having the appearance of either male or female genitals which predominantly pruriently, shamefully or morbidly depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse and which, taken as a whole, is harmful to minors; or
      (2)   Any book, pamphlet, magazine, printed matter however produced, or sound recording which contains any matter enumerated in division (B)(1) of this section, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse, of a predominantly prurient, shameful or morbid nature, and which, taken as a whole, is harmful to minors.
(Prior Code, § 6-320)
   (C)   Admission of minor to obscene motion picture, show presentation. It shall be unlawful for any person knowingly to exhibit to a minor or knowingly to provide to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, predominantly pruriently, shamefully or morbidly depicts nudity, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
(Prior Code, § 6-321)
   (D)   Preparation, distribution, ordering, production, exhibition or promotion of obscene literature or material.
      (1)   It shall be unlawful for any person knowingly to:
         (a)   Print, copy, manufacture, prepare, produce or reproduce obscene material for purposes of sale or distribution;
         (b)   Publish, circulate, sell, rent, lend, transport, distribute or exhibit any obscene material;
         (c)   Have in his or her possession with intent to sell, rent, lend, transport or distribute any obscene material; or
         (d)   Promote any obscene material or performance.
      (2)   It shall be unlawful for any person to place an order for any advertising promoting the sale or distribution of material represented or held out to be obscene, whether or not the material exists in fact or is obscene.
(Prior Code, § 6-322)
Penalty, see § 10.99