(a) Viewing in vehicle. A person in a vehicle equipped with a television viewer, screen, or other means of visually receiving or displaying a television or video broadcast or prerecorded audio-visual presentation shall not operate the device upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in such a way that obscene material on the device can be viewed by anyone outside the vehicle when the person has knowledge of the content and character of the obscene material.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTEMPORARY COMMUNITY STANDARDS. The customary limits of candor and decency in the City of Flint at or near the time of the alleged violation of this act.
DISPLAY. To show or exhibit to the public not for commercial gain.
KNOWLEDGE OF CONTENT AND CHARACTER. Having general knowledge of the nature and character of the material involved. KNOWLEDGE OF CONTENT AND CHARACTER may be proven by direct evidence or by circumstantial evidence, or both.
MATERIAL. Anything tangible that is capable of being used or adapted to arouse prurient interest, whether through the medium of reading, observation, sound, or in any other manner, including, but not limited to anything printed or written, any book, magazine, newspaper, pamphlet, picture, drawing, pictorial representation, motion picture, photograph, video tape, video disk, film, transparency, slide, audiotape, audiodisk, computer tape, or any other medium used to electronically produce or reproduce images on a screen, or any mechanical, chemical, or electronic reproduction. MATERIAL includes undeveloped photographs, molds, printing plates, and other latent representational objects whether or not processing or other acts are required to make the content of the material apparent.
OBSCENE. Any material that meets all of the following criteria:
a. The average individual, applying contemporary community standards, would find the material, taken as a whole, appeals to the prurient interest.
b. The reasonable person would find the material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
c. The material depicts or describes sexual conduct in a patently offensive way.
PERSON. An individual, or a sole proprietorship, partnership, corporation, association, or other legal entity, or an agent or servant of an individual or legal entity.
PRURIENT INTEREST. A shameful or morbid interest in nudity, sex, or excretion.
SEXUAL CONDUCT. One or more of the following:
a. Representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.
b. Representations or descriptions of masturbation, excretory functions, or a lewd exhibition of the genitals.
SIMULATED. The explicit depiction or description of any of the types of conduct set forth in the definition of sexual conduct above, which creates the appearance of such conduct.
ULTIMATE SEXUAL ACTS. Sexual intercourse, fellatio, cunnilingus, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, or depictions or descriptions of sexual bestiality, sadomasochism, masturbation, or excretory functions.
(c) Violation. Violation of this section is a misdemeanor.
(Ord. 3621, passed 8-9-2004)