§ 153.027 TEST TO BE APPLIED IN DETERMINING VIOLATIONS.
   The test to be applied in cases under this subchapter shall not be whether sexual desires or sexually improper 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 the so-called worldly wise and sophisticated, indifferent and unmoved. But, such test shall be the effect of the book, picture or other subject of complaint considered as a whole, not upon any particular class, but upon all those whom it is likely to reach, that is, its impact upon the average person in the community. The book, picture or other subject of complaint must be judged as a whole in its entire context, not by considering detached or separate portions only, and by the standards of common conscience of the community of the contemporary time period of the violation charged.
(Prior Code, § 25-118) (Ord. 573, passed 10-18-1976)