When used in this Article, the following terms shall have the meanings set out herein:
EXPLICIT SEXUAL MATERIAL
Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
FURNISH
To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
MATERIAL
Anything printed or written, or any picture, drawing, photograph, motion-picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates, stored computer data, and other latent representational objects.
MINOR
Any person less than eighteen (18) years of age.
NUDITY or STATE OF NUDITY
The showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola.
OBSCENE
Any material or performance if, taken as a whole:
1. 
Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
2. 
The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and
3. 
A reasonable person would find the material lacks serious literary, artistic, political or scientific value.
PERFORMANCE
Any play, motion-picture film, videotape, dance or exhibition performed before an audience of one (1) or more.
PORNOGRAPHIC FOR MINORS
Any material or performance if the following apply:
1. 
The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors; and
2. 
The material or performance depicts or describes nudity, sexual conduct, the condition of human genitals when in a state of sexual stimulation or arousal or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
3. 
The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
PROMOTE
To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same, by any means including a computer.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SEXUAL CONDUCT
Actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
A. 
A person commits the offense of promoting pornography for minors or obscenity if, knowing of its content and character, he/she:
1. 
Promotes or possesses with the purpose to promote any obscene materials for pecuniary gain; or
2. 
Produces, presents, directs or participates in any obscene performance for pecuniary gain; or
3. 
Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or
4. 
Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain; or
5. 
Promotes, possesses with the purpose to promote, produces, presents, directs or participates in any performance that is pornographic for minors via computer, electronic transfer, Internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
A. 
A person commits the offense of furnishing pornographic material to minors if, knowing of its content and character, he/she:
1. 
Furnishes any material pornographic for minors knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
2. 
Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or
3. 
Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, Internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.
B. 
It is not a defense to a prosecution for a violation of this Section that the person being furnished the pornographic material is a Peace Officer masquerading as a minor.
C. 
The offense of furnishing pornographic material to minors or attempting to furnish pornographic material to minors is an ordinance violation.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
A. 
A person commits the offense of public display of explicit sexual material if he or she recklessly:
1. 
Exposes, places, exhibits, or in any fashion displays explicit sexual material in any location, whether public or private, and in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision as viewed from a street, highway, public sidewalk, or the property of others, or from any portion of the person's store, the exhibitor's store or property when items and material other than this material are offered for sale or rent to the public; or
2. 
Fails to take prompt action to remove such a display from property in his or her possession after learning of its existence.
B. 
The offense of public display of explicit sexual material is an ordinance violation.
C. 
For purposes of this Section, each day there is a violation of this Section shall constitute a separate offense.
A. 
In any prosecution under this Article evidence shall be admissible to show:
1. 
What the predominant appeal of the material or performance would be for ordinary adults or minors.
2. 
The literary, artistic, political or scientific value of the material or performance.
3. 
The degree of public acceptance in this State and in the local community.
4. 
The appeal to prurient interest in advertising or other promotion of the material or performance.
5. 
The purpose of the author, creator, promoter, furnisher or publisher of the material or performance.
B. 
Testimony of the author, creator, promoter, furnisher, publisher, or expert testimony, relating to factors entering into the determination of the issues of obscenity or child pornography, shall be admissible.
C. 
In any prosecution under this Article, when it becomes necessary to determine whether a person was less than seventeen (17) or eighteen (18) years of age, the court or jury may make this determination by any of the following methods:
1. 
Personal inspection of the child;
2. 
Inspection of the photograph or motion picture that shows the child engaging in the sexual performance;
3. 
Oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;
4. 
Expert medical testimony based on the appearance of the child engaging in the sexual performance; or
5. 
Any other method authorized by law or by the rules of evidence.
D. 
In any prosecution for promoting child pornography in the First or Second Degree, no showing is required that the performance or material involved appeals to prurient interest, that it lacks serious literary, artistic, political or scientific value, or that it is patently offensive to prevailing standards in the community as a whole.
[Ord. No. 1352 §6, 5-20-1997]
A. 
Whenever material or a performance is being or is about to be promoted, furnished, or displayed in violation of this Article, a civil action may be instituted by the City Attorney against any person violating or about to violate those Sections in order to obtain a declaration that the promotion, furnishing or display of such material or performance is prohibited. Such an action may also seek an injunction appropriately restraining promotion, furnishing or display.
B. 
Any action brought under this Section may be brought only in the Circuit Court of the County in which such person resides, or where the promotion, furnishing or displaying is taking place or is about to take place.
C. 
Any promoter, furnisher or displayer of, or a person who is about to be a promoter, furnisher, or displayer of the material or performance involved may intervene as of right as a party defendant in the proceedings.
D. 
The trial court and the appellate court shall give expedited consideration to actions and appeals brought under this Section. The defendant shall be entitled to a trial of the issues within one (1) day after joinder of issue and a decision shall be rendered by the Court within two (2) days of the conclusion of the trial. No restraining order or injunction of any kind shall be issued restraining the promotion, furnishing or display of any material or performance without the opportunity for prior adversarial hearing before the court.
E. 
A final declaration obtained pursuant to this Section may be used to form the basis for an injunction and for no other purpose.
F. 
All laws regulating the procedure for obtaining declaratory judgments or injunctions which are inconsistent with the provisions of this Section shall be inapplicable to proceedings brought pursuant to this Section. There shall be no right to jury trial in any proceedings under this Section.