Chapter 13.20
OBSCENITIES

Sections:

13.20.010    Distributing obscenities to a minor.

13.20.020    Facilitative misrepresentation.

13.20.030    Distributing obscenities to an adult.

13.20.040    Indecent exposure.

13.20.050    Definitions.

13.20.010 Distributing obscenities to a minor.

(a) A person is guilty of distributing obscene matter to a minor if that person does either of the following:

(1) Knowingly disseminates to a minor any sexually explicit visual or verbal material that is obscene for minors;

(2) Knowingly exhibits to a minor, unaccompanied by a parent or legal guardian, a sexually explicit performance that is obscene for minors.

(b) Subsection (a) of this section does not apply to the dissemination of sexually explicit matter to a minor by any of the following persons:

(1) A parent or legal guardian who disseminates sexually explicit matter to his child or ward;

(2) A teacher or administrator at any accredited school who disseminates sexually explicit matter to students as part of a school program;

(3) A licensed physician or certified psychologist who disseminates sexually explicit matter in the treatment of a patient;

(4) A librarian employed by a library of an accredited school or a public library who disseminates sexually explicit matter in the course of his or her employment;

(5) Any other person who disseminates sexually explicit matter for a legitimate medical, scientific, educational, governmental or judicial purpose.

(c) Distributing obscene matter to a minor is a misdemeanor punishable by a fine not to exceed five hundred dollars plus any surcharge required to be imposed by AS 12.55.039 or imprisonment not to exceed thirty days, or both. (Ord. O-99-11-3 § 27, 1998; Ord. O-93-6-6 § 1 (part), 1994)

13.20.020 Facilitative misrepresentation.

A person is guilty of facilitative misrepresentation when that person knowingly makes a false representation that he is the parent or legal guardian of a minor, or that a minor is sixteen years of age or older, with the intent to facilitate the dissemination to the minor of sexually explicit matter that is obscene for minors. (Ord. O-93-6-6 § 1 (part), 1994)

13.20.030 Distributing obscenities to an adult.

(a) A person is guilty of distributing obscene matter to an adult if that person does either of the following:

(1) Knowingly disseminates to an adult sexually explicit visual material that is obscene for adults;

(2) Knowingly exhibits to an adult a sexually explicit performance that is obscene for adults.

(b) Subsection (a) of this section does not apply to the dissemination of sexually explicit matter to an adult by the following persons:

(1) A parent, spouse, sibling, or other relative in at least the fourth degree of consanguinity, including such relatives by marriage or adoption;

(2) A teacher or administrator at any accredited school who disseminates sexually explicit matter to students as part of a school program;

(3) A licensed physician or certified psychologist who disseminates sexually explicit matter in the course of his employment;

(4) A librarian employed by a library of an accredited school or a public library who disseminates sexually explicit matter in the course of his or her employment;

(5) Any other person who disseminates sexually explicit matter for a legitimate medical, scientific, educational, governmental or judicial purpose.

(c) Distributing obscene matter to an adult is a misdemeanor punishable by a fine not to exceed five hundred dollars plus any surcharge required to be imposed by AS 12.55.039, or imprisonment not to exceed thirty days, or both. (Ord. O-99-11-3 § 28, 1998; Ord. O-93-6-6 § 1 (part), 1994)

13.20.040 Indecent exposure.

No person shall expose the private parts of his or her person in a public place, or in a place where there are present other persons who are annoyed or offended thereby. (Ord. O-93-6-6 § 1 (part), 1994)

13.20.050 Definitions.

The following definitions apply in this chapter:

“Disseminate” means to sell, lend, exhibit or show for monetary consideration or to offer or agree to do the same.

“Erotic fondling” means touching a male’s or female’s clothed or unclothed genitals, pubic area, buttocks, or a female’s breast, for the purpose of sexual stimulation.

“Exhibit” means to do any of the following:

(1) Present a performance for monetary consideration;

(2) Sell or offer to agree to sell a ticket to a performance;

(3) Admit a person to a premises where a performance is being presented or is about to be presented for monetary consideration.

Knowingly. A person knowingly disseminates sexually explicit matter to a minor when the person knows both the nature of the matter and the status of the minor to whom the matter is disseminated. A person knowingly disseminates explicit matter to an adult when the person knows the nature of the matter, and the person to whom the matter is disseminated is sixteen years of age or older whether or not the disseminator knows it.

(1) A person knows the nature of the matter when either of the following circumstances exists:

(A) The person is aware of both the sexually explicit content of the matter and the fact that the matter appeals to the prurient interest, is patently offensive, and lacks serious literary, artistic, political and scientific value to a minor (if the matter was distributed to a minor) or adults (if the matter was distributed to an adult).

(B) The person recklessly disregards a substantial risk both that the matter contains sexually explicit material and that the matter appeals to the prurient interest of minors (if the matter was distributed to a minor) or adults (if the matter was distributed to an adult).

(2) A person knows the status of a minor when either of the following circumstances exists:

(A) The person is aware that the minor is under sixteen years of age.

(B) The person recklessly disregards a substantial risk that the minor is under sixteen years of age.

(3) A person knowingly makes a false representation as to the age of a minor or as the status of being a parent or guardian of a minor when that person either is aware that the representation is false or recklessly disregards a substantial risk that the representation is false.

“Masturbation” means manipulation, by hand or instrument, of the human genitals, whether one’s own or another’s, for the purposes of sexual stimulation.

“Minor” means any person under the age of seventeen years who has never been married or otherwise legally emancipated.

“Nudity” means the lewd showing of the genitals or pubic area of a person of the age of puberty or older.

Obscene for Adults. Sexually explicit matter is “obscene for adults” when the matter meets all of the following criteria:

(1) Considered as a whole, it appeals to the prurient interest of adults as determined by the experience of adults in the contemporary local community.

(2) It affronts contemporary local community standards as to what is suitable for adults.

(3) Considered as a whole, it lacks serious literary, artistic, political and scientific value for adults.

In determining whether sexually explicit matter appeals to the prurient interests of adults, affronts community standards as to suitable matter for adults, and lacks serious literary, artistic, political and scientific value for adults, the matter shall be judged with reference to the average adult person. Where the circumstances of presentation, sale, distribution or publicity indicate that sexually explicit matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence may be probative in determining whether the matter appeals to the prurient interest of adults, affronts community standards as to suitable matter for adults, and lacks serious literary, artistic, political and scientific value for adults.

Obscene for Minors. Sexually explicit matter is “obscene for minors” when the matter meets all of the following criteria:

(1) Considered as a whole, it appeals to the prurient interest of minors as determined by the experience of minors in the contemporary local community.

(2) It affronts contemporary local community standards of adults as to what is suitable for minors.

(3) Considered as a whole, it lacks serious literary, artistic, political, and scientific value for minors.

In determining whether sexually explicit matter appeals to the prurient interest of minors, affronts community standards as to suitable matter for minors, and lacks serious literary, artistic, political and scientific value for minors, the matter shall be judged with reference to the average minor of fifteen years of age. Where the circumstances of presentation, sale, distribution or publicity indicate that sexually explicit matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence may be probative in determining whether the matter appeals to the prurient interest of minors, affronts community standards as to suitable matter for minors, and lacks serious literary, artistic, political and scientific value for minors.

Prurient Interest. Sexually explicit matter appeals to the prurient interest if it has a tendency to cause intense sexual stimulation. In determining whether sexually explicit matter appeals to the prurient interest, the matter shall be judged with reference to the average minor (if the matter was distributed to a minor) or to the average adult (if the matter was distributed to an adult) with ordinary sexual interests unless it appears from the character of the matter that it is designed to appeal to persons with deviant sexual interests, including but not necessarily limited to, sadomasochists, in which case the matter shall be judged with reference to average minors or adults, as the case may be, within the particular group for which it appears to be designed.

“Sadomasochistic abuse” means either of the following:

(1) Flagellation or torture, for the purpose of sexual stimulation, by or upon a person who is nude or clad in undergarments or in a revealing or bizarre costume.

(2) The condition of being fettered, bound or otherwise physically restrained, for the purpose of sexual stimulation, of a person who is nude or clad in undergarments or in a revealing or bizarre costume.

“Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.

“Sexual intercourse” means intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital or oral-anal, whether between a human and an animal.

“Sexually explicit matter” means, with reference to minors, any sexually explicit visual material, sexually explicit verbal material or sexually explicit performance, and means, with reference to adults, any sexually explicit performance, but does not include sexually explicit verbal material.

“Sexually explicit performance” means a motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts erotic fondling, sexual intercourse, sado-masochistic abuse, or, in addition in the case of an exhibition to a minor, nudity or sexual excitement, except that any motion picture rated by the Motion Picture Association of America with a rating code of “G,” “PG” or “R” shall not be included in this definition provided the age and chaperoning restrictions of the Motion Picture Association of America are enforced by the theater operator.

“Sexually explicit verbal material” means a book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains an explicit and detailed verbal description or narrative account of erotic fondling, sexual intercourse, sado-masochistic abuse, sexual excitement, or masturbation.

“Sexually explicit visual material” means a picture, photograph, drawing, sculpture, film, or similar visual presentation which depicts erotic fondling, masturbation, sexual intercourse or sado-masochistic abuse, or, in addition in the case of dissemination of such material to a minor, nudity or sexual excitement, or a book, magazine, or pamphlet which contains such a visual presentation, except that any motion picture rated by the Motion Picture Association of America with a rating code of “G,” “PG” or “R” shall not be included in this definition provided the age and chaperoning restrictions of the Motion Picture Association of America are enforced by the theater operator. Undeveloped photographs, molds, and similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent. (Ord. O-93-6-6 § 1 (part), 1994)