[Adopted 1982 by Ord. No. 562 (Ch. 9.40 of the 1979 Code)]
A.Â
OBSCENE
(1)Â
(2)Â
(3)Â
PERSON
As used
in this article, the following terms shall have the meanings indicated:
(See 720 ILCS 5/11-20, as amended.) Any material or performance
is obscene if:
[Amended 2-6-2017 by Ord.
No. 994]
The average person, applying contemporary adult community standards,
would find that, taken as a whole, it appeals to the prurient interest;
and
The average person, applying contemporary adult community standards,
would find that it depicts or describes, in a patently offensive way,
ultimate sexual acts or sadomasochistic sexual acts, whether normal
or perverted, actual or simulated, or masturbation, excretory functions
or lewd exhibition of the genitals; and
Taken as a whole, it lacks serious literary, artistic, political
or scientific value.
An individual, public or private corporation, government,
partnership, or unincorporated association.
B.Â
Any reference
to the masculine shall include the feminine, and any reference to
the singular shall include the plural.
It is unlawful to commit obscenity.
A person commits obscenity when, with knowledge of the nature
or content thereof, or recklessly failing to exercise reasonable inspection
which would have disclosed the nature or content thereof, he:
A.Â
Sells, delivers, or provides, or offers or agrees to sell, deliver
or provide any obscene writing, picture, record, or other representation
or embodiment of the obscene; or
B.Â
Presents or directs an obscene play, dance or other performance or
participates directly in that portion thereof which makes it obscene;
or
C.Â
Publishes, exhibits, or otherwise makes available anything obscene;
or
D.Â
Performs an obscene act or otherwise presents an obscene exhibition
of his body for gain; or
E.Â
Creates, buys, procures or possesses obscene matter or material with
intent to disseminate it in violation of this article, or of the penal
laws or regulations of any other jurisdiction; or
F.Â
Advertises or otherwise promotes the sale of material represented
or held out by him to be obscene, whether or not it is obscene.
A.Â
Obscenity shall be judged with reference to ordinary adults, except
that it shall be judged with reference to children or other specially
susceptible audiences 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.
B.Â
Where circumstances of production, presentation, sale, dissemination,
distribution, or publicity indicate that material is being commercially
exploited for the sake of its prurient appeal, such evidence is probative
with respect to the nature of the matter and can justify the conclusion
that the matter is lacking in serious literary, artistic, political
or scientific value.
[Amended 2-6-2017 by Ord.
No. 994]
C.Â
In any prosecution for an offense under this article, evidence shall
be admissible to show:
(1)Â
The character of the audience for which the material was designed
or to which it was directed.
(2)Â
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.
(3)Â
The artistic, literary, scientific, educational, or other merits
of the material, or absence thereof.
(4)Â
The degree, if any, of public acceptance of the material in this
state.
(5)Â
Appeal to prurient interest, or absence thereof, in advertising or
other promotion of the material.
(6)Â
The purpose of the author, creator, publisher, or disseminator.
[Amended 2-6-2017 by Ord.
No. 994]
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.
It shall be an affirmative defense to obscenity that the dissemination:
[Amended 2-6-2017 by Ord.
No. 994]
Any person who shall violate any of the provisions of this article
shall be guilty of a Class A misdemeanor and subject to a fine in
an amount not to exceed $2,500, imprisonment of less than one year,
or both such fine and imprisonment.