When used in this Article, the following terms
shall have the meanings set out herein:
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
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.
Any person less than eighteen (18) years of age.
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.
Any material or performance if, taken as a whole:
Applying contemporary community standards, its
predominant appeal is to prurient interest in sex; and
The average person, applying contemporary community
standards, would find the material depicts or describes sexual conduct
in a patently offensive way; and
A reasonable person would find the material
lacks serious literary, artistic, political or scientific value.
Any play, motion-picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any material or performance if the following apply:
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
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
The material or performance, taken as a whole,
lacks serious literary, artistic, political or scientific value for
minors.
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.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
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.
A.Â
A person commits the offense of promoting pornography
for minors or obscenity if, knowing of its content and character,
he/she:
1.Â
Promotes or possesses with the purpose to promote
any obscene materials for pecuniary gain; or
2.Â
Produces, presents, directs or participates
in any obscene performance for pecuniary gain; or
3.Â
Promotes or possesses with the purpose to promote
any material pornographic for minors for pecuniary gain; or
4.Â
Produces, presents, directs or participates
in any performance pornographic for minors for pecuniary gain; or
5.Â
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.Â
A person commits the offense of furnishing pornographic
material to minors if, knowing of its content and character, he/she:
1.Â
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.Â
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.Â
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.Â
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.Â
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.