(a) No person shall show, exhibit, sell, offer for sale, distribute, circulate, give away or cause the same to be done to any person any obscene material or performance as described, defined and set forth in subsections (b) and (c) of this section.
(b) Any material or performance is "obscene" if, when considered as a whole and judged with reference to average or ordinary persons (includes average or ordinary minors under the age of 18 years or average or ordinary adults), any of the following apply:
(1) Its dominant appeal is to prurient interest in sex or obscenity.
(2) Its dominant tendency is to arouse lust by patent offensive displaying or depicting nudity, sexual excitement or sexual conduct in a way which tends to represent human beings as mere objects of sexual appetite.
(3) Its dominant tendency is to arouse lust by patent offensive displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality.
(4) It contains a series of patent offensive displays or descriptions of nudity, sexual excitement, sexual conduct, bestiality, extreme or bizarre violence, cruelty or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient interest in sex or obscenity, when the appeal to such interest is primarily for its own sake or for commercial exploitation, rather than for a serious literary, artistic, political or scientific value.
(5) "Nudity" means the patent offensive showing, representation, depiction or lewd exhibition of human male or female genitals, pubic area or buttocks.
(6) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(7) "Sexual conduct" means the patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated and of masturbation, excretory functions and lewd exhibition of the genitals.
(8) "Material" means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture 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.
(9) "Performance" means any motion picture, preview, play, show, skit, dance or other exhibition performed before an audience in any indoor or outdoor theater, building or any public place.
(c) For the purpose of this section all three (3) of the following conditions are required to prove obscenity affecting the average or ordinary minor under the age of eighteen (18) years or affecting the average or ordinary adult:
(1) The material or performance taken as a whole predominantly appeals to a prurient interest in obscenity or sex;
(2) The material or performance is patently offensive because it affronts the prevailing contemporary community standards as a whole relating to the description or representation of obscene or sexual matters; and
(3) The material or performance as a whole lacks serious literary, artistic, political or scientific value.
(d) The provisions of this section shall be subject to the affirmative defenses as specifically set forth in State Statutes 2 . (1963 Code § 28.027 (§ 28.127); amd. Ord. 0-70-41; Ord. 0-73-3, § 13.705)
Notes
| 1 | 8. 720 ILCS 5/11-20, 5/11-21. |
| 2 | 9. Federal decisional law: As to obscenity, see Miller v. State of California, 413 U.S. 15. |