(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INDIVIDUAL. Any human being regardless of age.
KNOWINGLY. To have knowledge of or be aware of the content or character of obscene matter.
MATTER. Any book, magazine, newspaper, or other printed or written material, or any picture, drawing or photograph, motion picture, or other visual representation, or live conduct, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other articles, equipment, machines, or materials.
OBSCENE. Matter which the average individual applying contemporary community standards would find, taken as a whole, appeals to the prurient interest; depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated; or the matter, taken as a whole, lacks serious literary, artistic, political, and scientific value, and which either:
(a) Depicts or describes patently offensive representation of masturbation, excretory functions, lewd exhibition of the genitals, sodomy, fellatio, cunnilingus, bestiality, sadism, masochism, and the like; or
(b) Depicts or describes nudity or sexual acts of persons, male or female, below the age of 18 years.
PERSON. Any individual, partnership, firm, association, corporation, or other legal entity.
PREPARE. To produce, publish, or print.
PUBLIC DISPLAY. The placing of material on or in a billboard, viewing screen, theatre, marquee, newsstand, display rack, window, showcase, display case, or similar public place so that material can be viewed by individuals.
(B) Injunctive relief. The circuit court shall have jurisdiction to issue an injunction to enforce the purposes of this section upon petition by the prosecuting attorney or any citizen of the county who can show a good faith and valid reason for making such application. No bond shall be required unless for good cause shown.
(C) Prosecution by presentment or indictment. No person may be prosecuted for an offense under this section except by indictment or information.
(D) Employees acting within the scope of employment shall not be prosecuted. No employee shall be guilty of a violation of this section when such employee is a projectionist, ticket taker, usher, or when such employee prepares, sells, or makes a public display of obscene matter while acting within the scope of his or her regular employment, unless such employee has a proprietary interest in such obscene matter or is a shareholder or officer of a corporation which has a proprietary interest in such obscene matter.
(E) Exceptions. Nothing in this section shall be construed so as to apply to any person exercising a right secured by the constitution or laws of this state or of these United States.
(Prior Code, § 17-46) (Ord. passed 10-23-1997) Penalty, see § 130.999