For the purpose of §§ 133.02 through 133.07 the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“KNOWLEDGE” or “KNOWLEDGE OF SUCH NUISANCE.” Having knowledge of the contents and character of the patently offensive sexual conduct which appears in the lewd matter.
“LEWD MATTER.”
(1) Any matter which:
(a) The average person, applying contemporary community standards, finds, when considered as a whole, appeals to the prurient interest; and
(b) Depicts or describes patently offensive represen- tations or descriptions of:
l. Ultimate sexual acts, normal or perverted, actual or simulated; or
2. Masturbation, excretory functions, or exhibi-tion of the genitals or genital area.
(2) Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context of which it is used, possesses serious literary, artistic, political, or scientific value.
“MATTER.” A motion picture film or a publication or both.
“MOTION PICTURE FILM.” Any:
(1) Film or plate negative;
(2) Film or plate positive;
(3) Film designed to be projected on a screen for exhibition;
(4) Films, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
(5) Videotape or any other medium used to electronically reproduce images on a screen.
“PERSON.” Any individual, partnership, firm, association, corporation, or other legal entity.
“PLACE.” Any building, structure, or place, or any separate part or portion thereof whether permanent or not, or the ground itself.
“PUBLICATION.” Any books, magazine, article, pamphlet, writing, painting, illustration, picture, sound recording, or a motion picture film which is offered for sale or exhibited in a coin- operated machine.
“SALE.” A passing of title or right of possession from a seller to a buyer for valuable consideration and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein, and whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.
(‘82 Code, § 21-100(1)-(8))