Chapter 9-24
OBSCENITY
Sections:
9-24-030 Children under eighteen years.
9-24-040 Interpretation and admissibility of evidence.
9-24-050 Prima facie evidence.
9-24-010 Definition.
As used in this chapter, “obscenity” means material which taken as a whole by the average person applying contemporary community standards appeals to the prurient interest in sex, portrays sexual conduct in a patently offensive way, lacks serious literary, artistic or political or scientific value. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs. (Ord. 2213 (part), 1980: prior code § 8-18-1)
9-24-020 Acts prohibited.
It is unlawful for any person firm or corporation with knowledge of the nature or content thereof, to exhibit, sell, print, offer to sell, give away circulate, publish, distribute or attempt to distribute any obscene book, magazine, pamphlet, paper, writing, card advertisement, circular, print, picture, photograph, motion picture film, play, image, instrument, statue, drawing, or other article which is obscene. (Prior code § 8-18-2)
9-24-030 Children under eighteen years.
It is unlawful for any person, firm or corporation with knowledge of the nature or content thereof to exhibit, sell, offer to sell, give away, circulate, or distribute or attempt to distribute to any person under the age of eighteen years any obscene book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, play, image, instrument, statue, drawing, or other material. (Prior code § 8-18-3)
9-24-040 Interpretation and admissibility of evidence.
Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audience if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience. In any prosecution for an offense under this section evidence shall be admissible to show:
A. The character of the audience for which the material was designed or to which it was directed;
B. What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;
C. The artistic, literary, scientific, educational or other merits of the material, or absence thereof;
D. The degree, if any, of public acceptance of the material in this state;
E. Appeal to prurient interest, or obscene thereof, in advertising or other promotion of the material;
F. Purpose of the author, creator, publisher or disseminator. (Prior code § 8-18-4)
9-24-050 Prima facie evidence.
The creation, purchase, procurement or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three copies of obscene material shall be prima facie evidence of an intent to disseminate. (Prior code § 8-18-5)
9-24-060 Defenses.
It is an affirmative violation of the ordinance codified in this chapter that the dissemination:
A. Was not for gain and was made to personal associates other than children under eighteen (18) years of age;
B. Was to institutions or individuals having scientific or other special justification for possession of such material. (Ord. 2213 (part), 1980: prior code § 8-18-6)
9-24-070 Violation—Penalty.
A. Any person, firm or corporation who violates the provisions of Section 9-24-020 shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00).
B. Any person, firm or corporation who violates the provisions of Section 9-24-030 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (Prior code § 8-18-7)