Any performance is obscene if:
A. The average person, applying contemporary community standards,
finds that the performance, taken as a whole, appeals to the prurient interest;
B. The performance depicts or describes in a patently offensive
way sexual conduct, normal or perverted, actual or simulated; and
C. The performance, taken as a whole, lacks serious literary,
artistic, political or scientific value.
As used in this chapter, the following terms shall have the meanings
indicated:
KNOWINGLY
Knowing or having good reason to know the character of the matter
or performance.
OWNER
Any person who owns or has legal right to possession of any matter.
PERFORMANCE
Any play, motion picture, dance or other exhibition or presentation,
whether pictures, animated or live, performed before an audience of one or
more person(s).
PERSON
Any individual, partnership, firm, association, corporation or other
legal entity.
SEXUAL CONDUCT
Human genitals in a state of sexual stimulation or arousal, any act
of human masturbation, sexual intercourse or deviate sexual intercourse, fondling
or other erotic touching of covered or uncovered human genitals, pubic regions,
buttocks or female breasts.
It shall be an affirmative defense to a prosecution under this chapter
for the defendant to show that:
A. The distribution was made to the recipient by a bona
fide school, museum or public library or by an employee of such organization
or of a retail outlet affiliated with and serving the educational purpose
of such organization acting in the course of his employment; or
B. The act was done for legitimate scientific or education
purposes.