34-4. TEST TO BE APPLIED TO DETERMINE OBSCENITY.
The test to be applied to determine obscenity, for the purpose of § 34-3, shall not be whether erotic sexual desires or sexually erotic thoughts would be aroused in those comprising a particular segment of the community, the young, the immature or the highly prudish or would leave another segment, the scientific or highly educated or sophisticated, indifferent and unmoved, but such test shall be whether, in the judgment of the average person living in the city, applying contemporary standards from that community, the material, taken as a whole, appeals to prurient interest, depicts or describes, in a patently offensive way, sexual conduct, including that conduct listed in § 34-2 and, taken as a whole, lacks serious literary, artistic, political or scientific value.
(1978 Code, § 24-4)
Statutory reference:
Similar provisions, see M.S.A. § 28.575(2); M.C.L. § 750.343b