(A) It shall be unlawful for any person within the city to:
(1) Knowingly disseminate and distribute or make available to the public any obscene materials;
(2) Knowingly engage or participate in any obscene performance made available to the public;
(3) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of the prurient appeal; and
(4) Appear in any public state in a state of dress intended to make any indecent exposure of his or her person.
(B) As used in this section, the following definitions shall apply:
DISSEMINATION. To transfer possession of, with or without consideration.
KNOWINGLY. Being aware of the character and 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.
OBSCENE. To the average person applying contemporary community standards, taken as a whole, that the predominant appeal of the matter appeals to the prurient interests, and:
(a) Depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or
(b) Depicts or describes patently offensive representations or descriptions of masturbation, excretory functions or lewd exhibits of the genitals; and which, taken as a whole, lacks serious literary, artistic, political or scientific value.
PROMOTE. To cause, permit, procure, counsel or assist.
PRURIENT INTEREST. Shameful or morbid interest in nudity, sex or excretion which goes substantially beyond customary limits of candor in description or representation.
(Prior Code, § 5.0108) Penalty, see 130.99
Statutory reference:
Related provisions, see SDCL § 9-29-9