Chapter 6A.26


6A.26.010    Definitions.

6A.26.020    Acts declared unlawful.

6A.26.030    Unlawful to engage in obscene performance.

6A.26.040    Exception.

6A.26.050    Violation.

6A.26.010 Definitions.

For the purpose of this chapter the following terms shall have the following meanings:

(1) “Distribute” means to transfer possession of, whether with or without consideration.

(2) “Exhibit” includes, but is not limited to, the display of material for distribution.

(3) “Material” means any book, magazine, newspaper or other printed or written matter, or any picture, drawing, photograph, motion picture or other pictorial representation, of any statue or figure, or any recording, transcript or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or matter.

(4) Obscene. For the purpose of this chapter, material, or an exhibition or performance, shall be deemed obscene when:

(a) To the average person applying contemporary community standards, the dominant theme of the material, exhibition or performance, taken as a whole, appeals to the prurient interest in sex or sexual matters; and

(b) The material, exhibition or performance is patently offensive because it affronts contemporary community standards in its representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or of masturbation, excretory functions or lewd exhibition of the genitals; and

(c) The material, exhibition or performance, taken as a whole, lacks serious literary, artistic, political or scientific value.

(5) Person. For the purpose of this chapter and unless it otherwise clearly appears from the context in which it is used, “person” means and includes natural persons of either sex, associations, firms, copartnerships and corporations, whether acting by themselves or by servants, agents or employees, and the singular number includes the plural and the masculine pronoun includes the feminine. (Ord. 2419 § 1.01, 1980)

6A.26.020 Acts declared unlawful.

It is unlawful for any person having knowledge of the contents thereof, to:

(1) Sell, distribute or display for sale or distribution any material which is obscene; or

(2) Have in his possession with intent to sell or distribute any material which is obscene. (Ord. 2419 § 1.01, 1980)

6A.26.030 Unlawful to engage in obscene performance.

It is unlawful for any person, having knowledge of the contents thereof, to cause to be performed or exhibited, or to engage in the performance or exhibition of, any show, act, play, dance or motion picture which is obscene. (Ord. 2419 § 1.01, 1980)

6A.26.040 Exception.

Nothing in this chapter shall apply to the circulation of any such material by any recognized historical society or museum, a state law library, any county law library, a state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality or other political subdivision, including, but not limited to, the library of any school under the supervision of Wenatchee School District No. 246. In addition, the provisions of this chapter shall not apply to acts done in the scope of his employment as a motion picture operator or projectionist employed by the owner or manager of a theater or other place for the showing of motion pictures, unless the motion picture operator or projectionist has a financial interest in such theater or place wherein he is so employed or unless he caused to be performed or exhibited such performance or motion picture without the knowledge and consent of the manager or owner of the theater or other place of showing. (Ord. 2419 § 1.01, 1980)

6A.26.050 Violation.

Every person convicted of a violation of any provision of this chapter shall be guilty of a gross misdemeanor. (Ord. 2652 § 36, 1986; Ord. 2419 § 1.01, 1980)