[HISTORY: Adopted by the City Council of
the City of Crystal Lake as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-19-1993 (Art. V, Ch. III, Section H, of the
1993 Code)]
A.
For the purposes of this article: A thing is "obscene"
when the average person, applying contemporary community standards
would find that:
(1)
The work, taken as a whole, appeals to the prurient
interest, that is a shameful or morbid interest in nudity, sex, or
excretion and it goes beyond customary limits of candor in description
or representation of such matters.
(2)
The work contains patently offensive representations
or descriptions of ultimate sexual acts, normal or perverted, actual
or simulated, or contains patently offensive representations or descriptions
of masturbation, excretory functions or lewd exhibitions of the genitals;
and
(3)
The work, taken as a whole, lacks serious literary,
artistic, political or scientific value.
(4)
A thing is obscene even though the obscenity is latent,
as in the case of undeveloped photographs.
B.
The term "person" shall mean and include any individual,
firm, partnership, association or corporation. The use of the masculine
gender shall include the feminine gender.
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 contents
thereof, he/she:
A.
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.
Presents or directs an obscene play, dance or other
performance or participates directly in that portion thereof which
makes it obscene; or
C.
Publishes, exhibits or otherwise makes available anything
obscene;
D.
Performs an obscene act or otherwise presents an obscene
exhibition of his/her body for gain; or
E.
Creates, buys, procures or possesses obscene matter
or material with intent to disseminate it in violation of this article;
or
F.
Advertises or otherwise promotes the sale of material
represented or held out by him/her to be obscene, whether or not it
is obscene.
A.
Obscenity shall be judged with reference to ordinary
adults, except that it shall be judged with reference to children
or other especially susceptible audiences if it appears from the character
of the material or circumstances of its dissemination to be specially
designed for or directed to such an audience.
B.
Where circumstances or 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 utterly without
redeeming social importance.
C.
In any prosecution for an offense under this article
evidence shall be admissible to show:
(1)
The character of the audience for which the material
was designed or to which it was directed;
(2)
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)
The artistic, literary, scientific, educational or
other merits of the material, or absence thereof;
(4)
The degree, if any, of public acceptance of the material
in this state;
(5)
Appeal to the prurient interest, or absence thereof,
in advertising or other promotion of the material;
(6)
Purpose of the author, creator, publisher or disseminator.
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.
Every act or omission of whatsoever nature constituting
a violation of any of the provisions of this article by any officer,
director, manager, or other agent or employee shall be deemed to be
and held to be the act of such employer, and said employer shall be
punishable in the same manner as if said act or omission had been
done or omitted by him/her personally.
It shall be an affirmative defense to obscenity
that the dissemination:
[Amended 3-3-2009 by Ord. No. 6448]
Any person, firm or corporation, or any agent, officer or employee thereof, engaged in the business of distributing books, magazines, periodicals, comic books or other publications to retail dealers, who or which shall refuse to furnish to any retail dealer such quantity of books, magazines, periodicals, comic books or other publications as such retail dealer normally sells because the retail dealer refuses to sell, or offer for sale, any books, magazines, periodicals, comic books or other publications which are obscene, lewd, lascivious, filthy or indecent is guilty of an offense which is punishable by a fine as set forth in Chapter 248, Fines. Each publication sold or delivered in violation of this section shall constitute a separate petty offense.
[Amended 3-3-2009 by Ord. No. 6448]
Any person, firm or corporation violating any provisions of this article for which another penalty is not provided shall be fined as set forth in Chapter 248, Fines.
[Adopted 1-19-1993 (Art. V, Ch. III, Section G, of the
1993 Code)]
A person who, with knowledge that a person is
a child, that is a person under 18 years of age, or who fails to exercise
reasonable care in ascertaining the true age of a child, knowingly
distributes to or sends or causes to be sent to, or exhibits to, or
offers to distribute or exhibit any harmful material to a child, is
guilty of a violation of this article.
A.
Material is harmful if, to the average person, applying
contemporary standard, its predominant appeal, taken as a whole, is
to prurient interest, that is a shameful or morbid interest in nudity,
sex, or excretion, which goes substantially beyond customary limits
of candor in description or representation of such matters, and is
material the redeeming social importance of which is substantially
less than its prurient appeal.
B.
"Material," as used in this article, means any writing,
picture, record or other representation or embodiment.
C.
"Distribute" means to transfer possession of, whether
with or without consideration.
D.
"Knowingly," as used in this article, means having
knowledge of the contents of the subject matter, or recklessly failing
to exercise reasonable inspection which would have disclosed the contents
thereof.
A.
The predominant appeal to prurient interest of the
material shall be judged with reference to average children of the
same general age of the child to whom such material was offered, distributed,
sent or exhibited, unless it appears from the nature of the matter
or the circumstances of its dissemination, distribution or exhibition
that it is designed for specially susceptible groups, in which case
the predominant appeal of the material shall be judged with reference
to its intended or probable recipient group.
B.
In prosecutions under this section, where circumstances
of production, presentation, sale, dissemination, distribution, or
publicity indicate the material is being commercially exploited for
the sake of its prurient appeal, such evidence is probative with respect
to the nature of the material and can justify the conclusion that
the redeeming social importance of the material is in fact substantially
less than its prurient appeal.
A.
Nothing in this article shall prohibit any public
library or any library operated by an accredited institution of higher
education from circulating harmful material to any person under 18
years of age, provided that such circulation is in aid of a legitimate
scientific or educational purpose, and it shall be an affirmative
defense in any prosecution for a violation of this article that the
act charged was committed in aid of legitimate scientific or educational
purposes.
B.
Nothing in this article shall prohibit any parent
from distributing to his/her child any harmful material.
C.
Proof that the defendant demanded, was shown and acted
in reliance upon any of the following documents as proof of the age
of a child shall be a defense to any criminal prosecution under this
article: a document issued by the federal government or any state,
county or municipal government or subdivision or agency thereof, including,
but not limited to, a motor vehicle operator's license, a registration
certificate issued under the Federal Selective Service Act or an identification
card issued to a member of the armed forces.
D.
In the event an advertisement of harmful material
as defined in this article culminates in the sale or distribution
or such harmful material to a child, under circumstances where there
was no personal confrontation of the child by the defendant, his/her
employees or agents, as where the order or request for such harmful
material was transmitted by mail, telephone, or similar means of communication,
and delivery of such harmful material to the child was by mail freight,
or similar means of transport, it shall be a defense in any prosecution
for a violation of this article that the advertisement contained the
following statement, or a statement substantially similar thereto,
and that the defendant required the purchaser to certify that he/she
was not under 18 years of age and that the purchaser falsely stated
that he/she was not under 18 years of age: "NOTICE: It is unlawful
for any person under 18 years of age to purchase the matter herein
advertised. Any person under 18 years of age who falsely states that
he/she is not under 18 years of age for the purpose of obtaining the
material advertised herein, is guilty of a Class B misdemeanor under
the law of the State of Illinois."
Every act or omission of whatsoever nature constituting
a violation of any of the provisions of this article by any officer,
director, manager, or other agent or employee shall be deemed to be
and held to be the act of such employer, and said employer shall be
punishable in the same manner as if said act or omission had been
done or omitted by him/her personally.
[Amended 3-3-2009 by Ord. No. 6448]
Any person, firm or corporation, or any agent, officer or employee thereof, engaged in the business of distributing books, magazines, periodicals, comic books or other publications to retail dealer, who shall refuse to furnish to any retail dealer such quantity of books, magazines, periodicals, comic books or other publications as such retail dealer normally sells because the retail dealer refuses to sell, or offer for sale, any books, magazines, periodicals, comic books or other publications which are obscene, lewd, lascivious, filthy or indecent is guilty of an offense which is punishable by a fine as set forth in Chapter 248, Fines. Each publication sold or delivered in violation of this section shall constitute a separate petty offense.
[Amended 3-3-2009 by Ord. No. 6448]
Any person, firm, or corporation violating any provision of this article for which another penalty is not provided shall be fined as set forth in Chapter 248, Fines, for each offense.
