(A) A thing shall be deemed to be
OBSCENE if:
(1) The average person, applying the contemporary community standards prevailing in the village, would find that the work taken as a whole appealed to the prurient interest;
(2) The work depicts or describes in a patently offensive way, representations or description of nude persons, ultimate sexual acts, normal or perverted sexual conduct, whether actual or simulated, or patently offensive representations or descriptions of masturbation, excretory functions or lewd exhibition of the human genitals; and
(3) The work, taken as a whole, lacks literary, artistic, political or scientific value.
(B) It shall be unlawful for any person to sell, deliver, offer for sale, distribute, publish, print, exhibit or possess with intent to distribute, with knowledge of the nature or content thereof, or recklessly or content thereof, any obscene thing as defined in division (A) above or to present or to direct an obscene play or other performance or to perform an obscene act or otherwise present an obscene exhibition or to advertise or otherwise promote obscene material.
(C) It shall be an affirmative defense to any charge alleging the violation of this section that the dissemination, publication or exhibition:
(1) Was not for gain, and was made to personal associates other than children under 18 years of age; and/or
(2) Was to institutions or individuals having scientific or other special justification for possession, receipt or observation of the material, exhibition or presentation.
Penalty, see § 131.99