(a) As used in this section:
(1) "Material" means any paper, handbill, card, drawing, magazine, book, pamphlet, ballad, printed paper, phonographic record or tape, motion picture film, print, picture, figure, image, description or other tangible thing capable of being used to arouse interest through sight or sound or in any other manner.
(2) "Nudity" means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, of any female breast with less than a full, opaque covering or any portion thereof below the top of the nipple or of covered male genitals in a discernibly turgid state.
(3) "Performance" means any motion picture, preview, play, show, skit, dance or other exhibition performed before an audience.
(4) "Sexual conduct" means masturbation, homosexuality, lesbianism, sadism, masochism, natural or unnatural sexual intercourse or any physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast.
(5) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(b) No person shall sell, offer for sale, distribute, circulate or give away any obscene material or show or exhibit any obscene performance. Any material or performance shall be considered obscene if, when, considered as a whole and judged with reference to any ordinary adult, any of the following applies:
(1) Its dominant appeal is to prurient interest.
(2) Its dominant tendency is to arouse lust by displaying or depicting nudity, sexual excitement or sexual conduct in a way which tends to represent human beings as mere objects of sexual appetite.
(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality.
(4) It contains a series of displays or descriptions of nudity, sexual excitement, sexual conduct, bestiality, extreme or bizarre violence, cruelty or brutality or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient interest, when the appeal to such interest is primarily for its own sake or for commercial exploitation, rather than for a genuine scientific, educational, sociological, moral or artistic purpose.
(1976 Code § 12-42.)
(c) In the event of a conflict between any of the provisions of this section and any provision of State law, the State law provision shall prevail.