§ 131.15 EXHIBITION OF OBSCENE MATTER.

   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      KNOWINGLY. Knowing or having good reason to know the character of the matter.

      OBSCENE MATTER. Any matter is obscene if:

         (a)   The average person, applying contemporary community standards, finds that the dominant theme of the matter, taken as a whole, appeals to the prurient interest in sex;

         (b)   The matter depicts or describes in a patently offensive way sexual conduct; and

         (c)   The matter, taken as a whole, lacks serious literary, artistic, political or scientific value.

      OBSCENE MATTER OR PERFORMANCE. Any matter or performance is obscene if:

         (a)   The average person, applying contemporary community standards, finds that the matter or performance taken as a whole, appeals to the prurient interest in sex;

         (b)   The matter or performance depicts or describes, in a patently offensive way, sexual conduct; and

         (c)   The matter or performance, taken as a whole, lacks serious literary, artistic, political or scientific value.

      SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

      SEXUAL CONDUCT.

         (a)   Sexual intercourse or deviate sexual conduct;

         (b)   Exhibition of the uncovered genitals in the context of masturbation or other sexual activity;

         (c)   Exhibition of the uncovered genitals of a person under 16 years of age;

         (d)   Sadomasochistic abuse; or

         (e)   Sexual intercourse or deviate sexual conduct with an animal.

   (B)   Every person who knowingly exhibits in any public place, or in a place readily accessible to the public, any obscene matter is guilty of an infraction.

   (C)   It shall be an affirmative defense to a prosecution under this section for the person to show:

      (1)   The matter was exhibited for legitimate scientific or educational purposes; or

      (2)   The matter was exhibited by a person acting within the scope of employment, provided such person has no financial interest in the place so employed.

(Am. Ord. 3, 1998, passed - -) Penalty, see § 131.99