For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISSEMINATE. To sell, lend, give, exhibit or show or to offer or agree to do the same.
EROTIC FONDLING. Touching a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, for the purpose of sexual gratification or stimulation.
EXHIBIT. To do one or more of the following:
(1) Present a performance;
(2) Sell, give or offer to agree to sell or give a ticket to a performance; or
(3) Admit a minor to premises where a performance is being presented or is about to be presented.
HARMFUL TO MINORS. Sexually explicit matter which meets all of the following criteria:
(1) Considered as a whole, it appeals to the prurient interest of minors as determined by contemporary local community standards;
(2) It is patently offensive to contemporary local community standards of adults as to what is suitable for minors; and
(3) Considered as a whole, it lacks serious literary, artistic, political, educational and scientific value for minors.
LOCAL COMMUNITY. The city.
MINOR. A person under 18 years of age.
NUDITY. The lewd display of the human male or female genitals or pubic area.
PRURIENT INTEREST. A lustful interest in sexual stimulation or gratification.
SADOMASOCHISTIC ABUSE. Either of the following:
(1) Flagellation or torture for sexual stimulation or gratification by or upon a person who is nude or clad only in undergarments or in a revealing or bizarre costume; or
(2) The condition of being fettered, bound or otherwise physically restrained for sexual stimulation or gratification of a person who is nude or clad only in undergarments or in a revealing or bizarre costume.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SEXUAL INTERCOURSE. Intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal.
SEXUALLY EXPLICIT MATTER. Sexually explicit visual material, sexually explicit verbal material, or sexually explicit performance.
SEXUALLY EXPLICIT PERFORMANCE. A motion picture, exhibition, show, representation, or other presentation, which, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse or sadomasochistic abuse.
SEXUALLY EXPLICIT VERBAL MATERIAL. A book, pamphlet, magazine, printed matter reproduced in any manner, or sound recording which contains an explicit and detailed verbal description or narrative account of sexual excitement, erotic fondling, sexual intercourse or sadomasochistic abuse.
SEXUALLY EXPLICIT VISUAL MATERIAL. A picture, photograph, drawing, sculpture, motion picture film, or similar visual representation which depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet which contains such a visual representation. An undeveloped photograph, mold or similar visual material may be sexually explicit material, notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.
(Ord. passed 5-24-2004)