[R.O. 2017 § 210.1670; Ord. No. 17-10, 6-20-2017]
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.
[R.O. 2017 § 210.1680; Ord. No. 17-10, 6-20-2017]
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.
[R.O. 2017 § 210.1690; Ord. No. 17-10, 6-20-2017]
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.
