(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AVAILABLE TO THE PUBLIC. The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.
DISSEMINATE. To transfer possession of, with or without consideration.
KNOWINGLY. Being aware of the character and the content of the material.
MATERIAL. Any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment, or machines.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernible turgid state.
OBSCENE. To the average person applying contemporary community standards:
(a) The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., shameful or morbid interest in sexual conduct, nudity, or excretion;
(b) The matter depicts or describes in a patently offensive manner sexual conduct regulated by 21 O.S.; and
(c) The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
PERFORMANCE. Any preview, play, show, skit, film, dance, or other exhibition performed before an audience.
PERSON. Any individual, partnership, firm, association, corporation, or other legal entity.
PROMOTE. To cause, permit, procure, counsel, or assist.
SERVICE TO PATRONS. The provision of services to paying guests in establishments providing food and beverages; including but not limited to hosting, hat checking, cooking, bartending, serving, table setting and clearing, waiting, and entertaining.
(Prior Code, § 10-410)
(B) Prohibited obscene conduct.
(1) It is unlawful for any person to:
(a) Knowingly disseminate, sell, offer for sale, publish, display, distribute, make available to the public, or buy any obscene material;
(b) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or exhibition utilizing displays, circulars, advertisements, and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal;
(c) Knowingly engage or participate in any obscene performance made available to the public; or
(d) Provide service to patrons in such a manner as to expose to public view:
1. His or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region;
2. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region;
3. Any portion of the female breast at or below the areola thereof; or
4. Knowingly promote the commission of any of the above listed unlawful acts.
(2) Each complete or partial display or other material exhibition of any motion picture film or other material shall be deemed to constitute a separate offense. The provisions of this section shall not apply to a projectionist, assistant projectionist, usher, or cashier provided such person has no financial interest in the motion picture theater so long as that person is not acting as director or manager of the theater.
(Prior Code, § 10-411)
Penalty, see § 133.99