A. Definitions: For the purposes of section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AVAILABLE TO THE PUBLIC: The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
DISSEMINATE: To transfer possession of, with or without consideration.
KNOWINGLY: Being aware of the character and the content of the material.
MATERIAL: 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 article, equipment or machine.
NUDITY: The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genital in a discernibly turgid state.
OBSCENE: To the average person applying contemporary community standards:
1. The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., a shameful or morbid interest in sexual conduct, nudity, or excretion; and
2. The matter depicts or describes in a patently offensive manner sexual conduct; and
3. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE: Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PROMOTE: To cause, permit, procure, counsel, or assist.
SERVICE TO PATRONS: The provision of services to paying guests in establishments providing food and beverages, including but not limited to hostessing, hatchecking, cooking, bartending, serving, table setting and cleaning, waiter and waitressing, and entertaining. (1987 Code § 10-20)
B. Prohibited Conduct: No person shall:
1. Knowingly disseminate, distribute or make available to the public any obscene material; or
2. Knowingly engage or participate in any obscene performance made available to the public; or
3. Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal; or
4. Provide service to patrons in such a manner as to expose to public view:
a. His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
b. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
c. Any portion of the female breast at or below the areola thereof; or
5. Knowingly promote the commission of any of the above listed unlawful acts. (1987 Code § 10-21)
C. Evidence; Defenses:
1. Evidence: Expert affirmative evidence that the materials or activities are obscene is not required when the materials or activities themselves are presented as evidence.
2. Defenses: It shall be affirmative defense in any prosecution under subsections A and B of this section that allegedly obscene material was disseminated, or presented for a bona fide scientific, medical, educational, governmental, or judicial purpose of a physician, psychologist, teacher, clergyman, prosecutor, or judge. (1987 Code § 10-22)
Notes
| 1 | 2. WS § 6-4-301. |