Skip to main content
Loading…
This section is included in your selections.

As used in this chapter, the following words have the following meanings, unless the context requires otherwise:

“Advertising purposes” means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service or the commercial exhibition of an entertainment.

“Display publicly” means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private an item in a manner that it may be readily seen and its contents or character distinguished by normal, unaided vision viewing it from a public thoroughfare, depot, building, or vehicle.

“Distribute” means to transfer possession of or permit to be viewed, heard, or examined, with or without consideration.

“Furnishes” means to sell, give, rent, loan, or otherwise provide.

“Nude” or “nudity” means uncovered, or less than opaquely covered buttocks, human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state or in a condition of sexual excitement. For purposes of this definition, a female breast is considered uncovered if the nipple and the areola only are covered.

“Obscene” means an act, depiction, representation, description, obscene performance, or any other item, material or conduct in this chapter described, whether actual or simulated in form, which:

a. Taken as a whole, the average person would find appeals to the prurient interest when applying contemporary community standards;

b. Is presented in a patently offensive way by going substantially beyond customary limits of candor in description or representation of the aforesaid matters in the community; and

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

“Obscene performance” means an obscene play, motion picture, dance, show, or other presentation, whether pictured, animated, or live, performed before an audience.

“Obscenities” means obscene slang words currently and generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct, or excretory functions or products, either that have no other meaning or that, in context, are clearly used for their bodily sexual or excretory meaning.

“Pandering” means catering to the lust or gratification of another.

“Person” includes individuals, public and private corporations, firms, joint-associations, partnerships, and the like. The word “person” applies to a natural person and applies equally to the male and female genders.

“Prurient interest” means a shameful or morbid interest in nudity, sex, or excretion.

“Public place” means any place to which the public or a substantial group of the public has access. It includes commercial establishments and any place to which admission is gained by payment or membership or admission fee, however designated, notwithstanding its being designated a private club.

“Sado-masochistic abuse” means obscene flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained by one so clothed.

“Sexual conduct” means human masturbation, sexual intercourse, or any touching of the covered or uncovered genitals, human female breast, pubic areas or buttocks of the human male or female, whether alone or between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification, which term shall include, but not be limited to fellatio, cunnilingus, pederasty, and bestiality.

“Sexual excitement” means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experience of humans engaging in or witnessing sexual conduct or nudity.

“Willfully” means a purpose or willingness to commit the act or to omit an act referred to herein.