When used in this Article, the following terms shall have the
meanings set out herein:
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.
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.
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.
