As used in this chapter, the following terms shall have the
meanings indicated:
COMMUNITY STANDARDS
The standards of the community from which the jury is drawn
or would be drawn if it were the trier of the fact.
KNOWINGLY
Having knowledge of the character and content of the material
involved or failure on notice to exercise reasonable inspection which
would disclose the content and character of the same.
OBSCENE
That which is determined as obscene, applying the following
guidelines:
A.
Whether the average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
B.
Whether the subject matter depicts or describes in a patently
offensive way sexual conduct of a type hereinafter described; and
C.
Whether the subject matter taken as a whole lacks serious literary,
artistic, political or scientific values.
PATENTLY OFFENSIVE
So offensive on its face as to affront current standards
of decency, and shall be deemed to include any of the following described
forms of sexual conduct if depicted or described in a patently offensive
way:
A.
An act of sexual intercourse, normal or perverted, actual or
stimulated, real or animated, including genital-genital, anal-genital
and oral genital intercourse, whether between human beings or between
a human being and an animal.
B.
Masturbation, excretory functions or physical contact stimulated
physical contact between humans and animals in an act or apparent
sexual stimulation or gratification.
C.
A device designed and marketed as useful primarily for stimulation
of the human genital organs.
D.
Male or female genitals in a state of sexual stimulation or
arousal.
E.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any
other excretory function.
PERSON
A natural person, partnership or corporation. Whenever used
in a clause describing or imposing a fine or term of imprisonment,
or both, the term "person," as applied to a partnership, shall mean
the partners or members thereof and, as applied to corporation, shall
mean the officers thereof.
Any person, firm or corporation who or which shall violate any
provision of this chapter shall upon conviction thereof, be sentenced
to pay a fine of not more than $600 and costs of prosecution or, in
default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days, provided that each violation of any provision
of the chapter and each day the same is continued shall be deemed
a separate offense.