Skip to code content (skip section selection)
In this Chapter the following definitions shall apply:
(1) Obscene means that which is determined as obscene, applying the following guidelines:
(a) Whether the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
(b) Whether the subject matter depicts or describes in a patently offensive way sexual conduct, of a type hereinafter described; and
(c) Whether the subject matter taken as a whole lacks serious literary, artistic, political or scientific value.
(2) Patently offensive means so offensive on its face as to affront current standards of decency, and shall be deemed to include any of the following described forms of sexual conduct, if they are depicted so as to affront current standards of decency:
(a) An act of sexual intercourse, normal or perverted, actual or simulated, real or animated, including genital-genital, and anal-genital or oral-genital intercourse, whether between human beings or between a human being and an animal.
(b) Sadomasochistic abuse meaning flagellation or torture or sexual gratification, by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
(c) Masturbation, excretory functions, and lewd exhibition of the genitals, including any explicit close-up representations of a human genital organ or spread-eagle exposure of female genital organs.
(d) Physical contact or simulated physical contact with the clothed or naked pubic area of buttocks of a human male or female, or the breasts of the female, whether along or between members of the same or opposite sex, between humans and animals in an act of apparent sexual stimulation or gratification.
(e) A device designed and marketed as useful primarily for stimulation of the human genital organs.
(f) Male or female genitals in a discernibly turgid state.
(g) Fellatio, cunnilingus, anal sodomy, seminal ejaculation, or any excretory function.
(3) Community standards means the standards of the community from which the jury is drawn or would be drawn if it were the trier of the fact.
(4) Person shall mean a natural person, partnership or corporation. Whenever used in a clause describing or imposing a fine or term of imprisonment, or both, the term "person" as applied to partnership shall mean the partners or members thereof, and as applied to corporation, shall mean the officers thereof.
(5) Knowingly shall mean having knowledge of the character and content of the material involved or failure on notice to exercise reasonable inspection which would disclose the content and character of the same.