§ 51.47. Obscenity.
(a)
Obscene Defined. As used in this Section, material is obscene when:
(1)
It depicts or describes any of the following types of sexual conduct:
(A)
Ultimate sexual acts, normal or perverted, or simulated;
(B)
Masturbation;
(C)
Excretory functions; or
(D)
Lewd exhibition of the genitals;
(2)
To the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest in sex;
(3)
The material is patently offensive because it affronts contemporary community standards in its description or representation of the sexual conduct; and
(4)
The material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(b)
Acts Constituting Obscenity Enumerated. A person commits obscenity when, with knowledge of the nature of contents thereof, or recklessly failing to exercise reasonable inspection which would disclose the nature of contents thereof:
(1)
He sells within the city, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, film strip or slide.
(2)
He offers or attempts to sell within the City, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, film strip or slide.
(3)
He distributes or gives away within the City, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, film strip or slide.
(4)
He offers to or attempts to give away within the City, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, phonograph record, film strip or slide.
(5)
He prints or publishes within the City, any obscene book, magazine, pamphlet, paper, photograph, drawing, motion picture film, film strip or slide.
(6)
He exhibits or shows within the City, any obscene photograph, drawing, motion picture, film strip or slide.
(7)
He produces, directs, or plays a part within the City, in any obscene play.
(8)
He advertises for sale within the City, any obscene book, magazine, pamphlet, paper, photograph, motion picture film, phonograph record, film strip or slide.
(9)
He advertises for viewing within the City, any obscene motion picture, play, film strip or slide.
(10)
He publicly performs an obscene act or otherwise publicly presents an obscene exhibition of his body within the City.
(11)
He buys or procures in the City, for resale in the City, any obscene book, magazine, pamphlet, paper, photograph, motion picture film, film strip, slide or phonograph record.
(12)
He buys, leases or procures in the City, for showing in the City for gain, any obscene motion picture, film strip or slide.
(c)
Penalty. Any person who commits obscenity or any act thereof may be prosecuted and punished either by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a term up to six months.
(4/14/75)