A. Contributing To The Sexual Delinquency Of A Child: Any person of the age of fourteen (14) years and upwards who performs or submits to any of the following acts with any person under the age of eighteen (18) contributes to the sexual delinquency of a child:
1. Any act of sexual intercourse; or
2. Any act of deviate sexual conduct; or
3. Any lewd fondling or touching of either the child or the person done or submitted to with the intent to arouse or to satisfy the sexual desires of either child or person or both; or
4. Any lewd act done in the presence of the child with the intent to arouse or to satisfy the sexual desires of either the person or the child or both.
It shall not be a defense to contributing to the sexual delinquency of a child that the accused reasonably believed the child to be of the age of eighteen (18) or upwards.
B. Public Indecency: Any person of the age of seventeen (17) years and upwards who performs any of the following acts in a public place commits a public indecency:
1. An act of sexual intercourse; or
2. An act of deviate sexual conduct; or
3. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person; or
4. A lewd fondling or caress of the body of another person of either sex.
"Public place" for purposes of this chapter means any place where the conduct may reasonably be expected to be viewed by others.
C. Obscenity:
1. Obscene Acts: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:
a. Sells, delivers or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or
b. Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or
c. Publishes, exhibits or otherwise makes available anything obscene; or
d. Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or
e. Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this section, or of the penal laws or regulations of any other jurisdiction; or
f. Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.
2. Obscene Things: A thing is obscene for purposes of this chapter when:
The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law; the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
3. Interpretation Of Evidence: Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.
Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is utterly without redeeming social importance.
In any prosecution for an offense under this section, evidence shall be admissible to show: the character of the audience for which the material was designed or to which it was directed; what the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people; the artistic, literary, scientific, educational or other merits of the material, or absence thereof; the degree, if any, of public acceptance of the material in this state; appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; purpose of the author, creator, publisher or disseminator.
4. Prima Facie Evidence: The creation, purchase, procurement or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three (3) copies of obscene material shall be prima facie evidence of an intent to disseminate. (Ord. 77-6-2, 6-22-1977)