A. Definitions: As used in this chapter, the following definitions apply:
DISSEMINATE: To transfer, distribute, dispense, lend, show, display, exhibit, send, transport or broadcast in exchange for consideration.
MATERIAL: Any book, magazine, newspaper, advertisement, pamphlet, poster, print, picture, figure, image, drawing, description, motion picture film, phonographic record or recording tape, videotape or other tangible thing capable of producing or reproducing an image, picture, sound or sensation through sight, sound or touch.
OBSCENE: Any material or performance, whether through pictures, photographs, drawings, writings, cartoons, recordings, films, videotapes or other such medium, if the following applies:
1. The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, appeals to the prurient interest; and
2. The material or performance depicts or describes, in a patently offensive way, sexual conduct, sadomasochistic sexual abuse or lewd exhibition of the genitals; and
3. The material or performance, taken as whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE: Any motion picture, film, video tape, played record, phonograph, or tape, broadcast, preview, trailer, play, show, skit, dance or other exhibition performed or presented to or before an audience of one or more or transmitted by means of electrical, radio, television, telephonic or other communicative device or facility to a known closed or open circuit audience of one or more or to the general public.
PERSON: Any individual, corporation, company, partnership, firm, association, business, establishment, organization or other legal entity of any kind.
PRURIENT: A lustful, lascivious, erotic shameful or morbid interest in sexual conduct, sexually explicit nudity, sadomasochistic sexual abuse or lewd exhibition of the genitals. Materials or performance may be deemed to appeal to the prurient interest when they have a tendency to excite lustful thoughts or lascivious desires, or when they are designed, marketed, promoted or disseminated to cater or appeal to such an interest. Where the material or performance is designed for and primarily disseminated or promoted to a clearly defined deviant sexual group, rather than the public at large, the prurient appeal requirement is satisfied if the dominant theme of the material or performance, taken as a whole, appeals to the prurient interest in sex of the members of that intended and probable recipient group.
SADOMASOCHISTIC SEXUAL ABUSE: Actual or simulated flagellation, rape, torture or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound or otherwise physically restrained, for the actual or simulated purpose of sexual gratification or abuse or represented in the context of a sexual relationship.
SEXUAL CONDUCT: Ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, anilingus or physical contact with a person's nude or partially denuded genitals, pubic area, perineum, anal region, or, if such person be female, a breast.
B. Prohibited Acts: A person, with knowledge of the general nature and character of the content of material involved irrespective of the absence or presence of an evil motive, bad purpose or intent to violate or disregard the law, commits the offense of disseminating obscene material when he:
1. Wilfully disseminates obscene material; or
2. Knowing or having reason to know that it will be disseminated, wilfully finances the manufacture or production, produces, manufactures, directs, photographs, poses, acts or in any way assists in the production, copying or reproduction of visually represented obscene material or advertisements for any obscene material.
C. Exceptions: It is an affirmative defense to a charge under this section that the material or performance involved was disseminated or promoted for a bonafide medical, psychological, legislative, judicial or law enforcement purpose, by or to a physician, psychologist, legislator, prosecutor, law enforcement officer or other person having such a bonafide interest in such material or performance. (Ord. A-371, 6-2-1980)
D. Violation; Penalty: A person convicted of the offense of disseminating obscene material, as defined in this section, shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine as provided in the general penalty in section 1-4-1 of this code. (Ord. A-371, 6-2-1980; amd. 2003 Code)