For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTE. To transfer possession of matter, for a consideration.
KNOWINGLY. Knowing or having good reason to know the character of the matter or performance.
MATTER. Any book, magazine, newspaper, or printed or written material; or any picture, drawing, photograph, motion picture, or other pictorial representation; or any state or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction; or any other articles, equipment, machines, or materials.
MINOR. Any person under the age of 18 years.
OBSCENE MATTER OR PERFORMANCE. Any matter or performance is obscene if:
(1) The average person, applying contemporary community standards, finds that the matter or performance, taken as a whole, appeals to the prurient interest in sex;
(2) The matter or performance depicts or describes, in a patently offensive way, sexual conduct; and
(3) The matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.
OWNER. Any person who owns or has a legal right to possession of any matter.
PERFORMANCE. Any play, motion picture, dance, or other exhibition or presentation, whether pictured, animated, or live, performed before an audience of one or more persons.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SEXUAL CONDUCT. Includes:
(1) Sexual intercourse or deviate sexual conduct;
(2) Exhibition of the uncovered genitals in the context of masturbation or other sexual activity;
(3) Exhibition of the uncovered genitals of a person under 16 years of age;
(4) Sado-masochistic abuse; or
(5) Sexual intercourse or deviate sexual conduct with an animal.
(1987 Code, §§ 6-275, 6-276) (Ord. 35, 1997, passed 10-27-1997)