For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMUNITY STANDARDS. In determining contemporary community standards, the trier of fact may utilize the standards of the community or vicinage from which he or she comes, but the court, in its discretion, may admit evidence of standards existing outside of the community or vicinage.
MATERIAL. Anything tangible which is capable of being used or adapted to arouse interest, or to affect the human senses, whether through the medium of reading, observation, sound or in any other manner.
OBSCENE. The descriptive word used to modify any material or performance which is an obscene work.
OBSCENE WORK. Any work which when taken as a whole appeals to the prurient interest in sex; which portrays sexual conduct in a patently offensive way; and which, taken as a whole, does not have serious value. In determining whether or not a work is an OBSCENE WORK, the trier of fact must find:
(1) The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest in sex;
(2) The work depicts or describes in a patently offensive way sexual conduct specifically defined herein or authoritatively by the courts of the state as being a portrayal of patently offensive sexual conduct as that phrase is used in the definition of an obscene work; and
(3) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PATENTLY OFFENSIVE. So offensive on its face as to affront current standards of decency.
PERFORMANCE. Any play, motion picture, dance or other exhibition performed before an audience.
PROMOTE. To manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.
SERIOUS VALUE. Serious literary, artistic, political or scientific value.
SEXUAL CONDUCT. Any of the following described sexual conduct if depicted or described in a patently offensive way:
(1) An act of sexual intercourse, normal or perverted, actual or simulated, including genital- genital, anal-genital or oral-genital intercourse, whether between human beings or between a human being and an animal;
(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed;
(3) Masturbation, excretory functions and lewd exhibitions of the genitals, including any explicit, closeup representation of a human genital organ or spread-eagle exposure of female genital organs;
(4) Physical contact or simulated physical contact with the clothed or unclothed pubic area or buttocks of a human person, or the breasts of the human female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification;
(5) A device designed and marketed as useful primarily for stimulation of the human genital organs;
(6) Male or female genitals in a state of sexual stimulation or arousal;
(7) Covered male genitals in a discernibly turgid state, even if completely and opaquely covered; and/or
(8) Anatomical areas consisting of less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areola.
STANDARDS OF DECENCY. Community standards of decency.
WHOLESALE PROMOTE. To manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate or to offer or agree to do the same for purposes of resale.
(Prior Code, § 1230.01)