(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OBSCENE. A thing is OBSCENE if:
(a) It is:
1. A representation or description of perverted ultimate sexual acts, actual or simulated;
2. A patently offensive representation or description of normal ultimate sexual acts, actual or simulated; or
3. A patently offensive representation or description of masturbation, excretory functions or lewd exhibition of the genitals.
(b) Taken as a whole, the material:
1. Applying contemporary state standards, appeals to the prurient interest in sex;
2. Portrays conduct described in division (a) above in a patently offensive way; and
3. Lacks serious literary, artistic, political or scientific value.
(Prior Code, § 9.04.020)
(B) Obscenity prohibited. A person commits the offense of obscenity when, with knowledge of the obscene nature thereof, he or she purposely or knowingly:
(1) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene writing, picture, record or other representation or embodiment of the obscene to anyone under the age of 18;
(2) Presents or directs an obscene play, dance or other performance, or participates in that portion thereof which makes it obscene, to anyone under the age of 18;
(3) Publishes, exhibits or otherwise makes available anything obscene to anyone under the age of 18;
(4) Performs an obscene act or otherwise presents an obscene exhibition of his or her body to anyone under the age of 18;
(5) Creates, buys, procures or possesses obscene matter or material with the purpose to disseminate it to anyone under the age of 18; or
(6) Advertises or otherwise promotes the sale of obscene material or material represented or held out by him or her to be obscene.
(Prior Code, § 9.04.030)
(C) Permissible evidence. In any prosecution for an offense under this section, evidence shall be admissible to show:
(1) The predominant appeal of the material and what effect, if any, it would probably have on the behavior of people;
(2) The artistic, literary, scientific, educational or other merits of the material;
(3) The degree of public acceptance of the material in this state;
(4) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; or
(5) Purpose of the author, creator, publisher or disseminator.
(Prior Code, § 9.04.040)
(Ord. 88-38, passed - -1988) Penalty, see § 131.99