§ 14-6. Possession, distribution of obscene matter.

(a)

Definitions. As used in this section:

(1)

Obscene means material or a performance that:

a.

The average person, applying contemporary community standards, would find that, taken as a whole, appeals to the prurient interest in sex;

b.

Depicts or describes:

1.

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, heterosexual or homosexual, including sexual intercourse, sodomy and sexual bestiality; or

2.

Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibitions of genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs;

c.

Taken as a whole, lacks serious literary, artistic, political and scientific value.

(2)

Material means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner, but does not include an actual three-dimensional obscene device.

(3)

Performance means a play, motion picture, dance or other exhibition performed before an audience.

(4)

Patently offensive means so offensive on its face as to affront current community standards of decency.

(5)

Community means the area within the corporate limits of the city.

(6)

Obscene device means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.

(b)

Proscribed acts. A person commits an offense if he knowingly:

(1)

Sells or possesses for sale any obscene material;

(2)

Sells or possesses for sale any obscene device;

(3)

Presents commercially an obscene performance or participates in that portion of the performance that makes it obscene.

(c)

Minors. A person commits an offense if, in a business establishment open to persons under the age of seventeen (17) years, he displays a book, pamphlet, newspaper or magazine which depicts:

(1)

Human sexual intercourse, masturbation or sodomy;

(2)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;

(3)

Less than completely and opaquely covered human genitals, buttocks or that portion of the female breast under the top of the areola; or

(4)

Human male genitals in a discernibly turgid state, whether covered or uncovered;

in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain.

(d)

Affirmative defense. It is not innocent but calculated purveyance that is prohibited. This section shall not apply to persons who may possess or distribute obscene matter or participate in conduct otherwise proscribed by this section when such possession, distribution or conduct occurs in the course of law enforcement activities or in the course of bona fide scientific, educational or comparable research or study or like circumstances of justification.

(e)

Suit for injunction authorized. The city attorney is authorized to bring suit for injunction against any establishment which purveys obscene material or obscene devices or displays sexually explicit material to minors; this shall be in addition to the criminal sanctions imposed by this section.

(Code 1965, § 14-14.1)