(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMUNITY. This city.
DISTRIBUTE. To transfer possession of, whether with or without consideration.
EXHIBIT. To show.
KNOWINGLY. Being aware of the character of the matter or live conduct.
MATTER. 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.
OBSCENE LIVE CONDUCT. Any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, dancing, acting, simulating or pantomiming, where, taken as a whole, the predominant appeal of such conduct to the average person within the community, applying contemporary standards of the community, is to prurient interest, i.e., a shameful or morbid interest in nudity, sex or excretion; and is conduct which, taken as a whole, goes substantially beyond customary limits of candor in description or representation of such matter.
OBSCENE MATTER. Matter, taken as a whole, the predominant appeal of which, to the average person within the community, applying contemporary standards of the community, is to prurient interest, i.e., a shameful or morbid interest in nudity, sex or excretion; and is matter which, taken as a whole, goes substantially beyond customary limits of candor in description or representation of such matter.
(B) Any person who knowingly engages in obscene live conduct for public view, or either sells, lends, gives away, distributes, exhibits or transmutes or offers either to sell, lend, give away, distribute or transmute, or advertise in any manner, or who otherwise knowingly offers, for either loan, gift, sale or distribution, any obscene book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture, drawing, photograph, motion picture film, figure, image, wire or tape recording or any written, printed or recorded obscene matter which may or may not require mechanical or other means to be transmuted into auditory, visual or sensory representations of such character shall be guilty of a misdemeanor.
(C) Whoever knowingly either sells, distributes or imports for the purpose of selling or distributing to a person under the age of 18 years any obscene book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture, drawing, photograph, motion picture film, figure, image, wire or tape recording or any written, printed or recorded obscene matter which may or may not require mechanical or other means to be transmuted into auditory, visual or sensory representations of the character, manifestly tending to corrupt the morals of youth, or introduces into a family, school or place of education, or buys, procures, receives or has in his possession any obscene book, magazine, pamphlet, newspaper, story paper, writing, paper, phonograph record, picture, drawing, photograph, motion picture film, figure, image, wire or tape recording or any written, printed or recorded obscene matter which may or may not require mechanical or other means to be transmuted into auditory, visual or sensory representations of such character, either for the purpose of sale, exhibition, loan or circulation to a person under the age of 18 years or with intent to introduce the same into a family, school or place of education, shall be guilty of a misdemeanor.
(Prior Code, § 19-81) (Ord. 77-4, passed 7-21-1977) Penalty, see § 10.99
Statutory reference:
Obscene literature, M.C.L.A.§ 750.390