For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OBSCENE. Any material or performance is OBSCENE if:
(1) The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and
(2) The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
(3) Taken as a whole, it lack serious literary, artistic, political or scientific value.
PUBLIC PLACE. Any place where the conduct may reasonable be expected to be viewed by others.
SEXUAL CONDUCT. Any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
SEXUAL PENETRATION. Any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove SEXUAL PENETRATION.
(Ord. 2016-30, passed 5-2-2016)