Definitions

As used in this Article:

(a)Material means any picture, drawing, photograph, motion picture or pictorial representation, or any statue or other figure, or any mechanical, chemical or electrical reproduction, or anything which is or may be used as a means of communication (other than the written or spoken word). Material includes molds, printing plates and other latent representational objects.

(b)Prurient interest means a shameful or morbid interest in nudity, sex or excretion.

(c)Performance means any physical human bodily activity, whether engaged in alone or with other persons, including but not limited to dancing, acting, simulating or pantomiming which is either public or for commercial gain.

(d)Distribute means to transfer possession of material.

(e)Any material or performance is obscene if:

(1)The average person, applying contemporary community standards, finds that the material or performance, taken as a whole, appeals to the prurient interest; and

(2)The material or performance depicts or describes in a patently offensive way, sexual conduct, normal or perverted, actual or simulated; and

(3)The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value.

(f)Sadomasochistic abuse means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

(g)Sexual conduct means acts of masturbation, excretory functions, lewd exhibition of the genitals, sadomasochistic abuse, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed COL6/24/2021 CH. 28 PUBLIC INDECENCY genitals, pubic area, buttocks or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.

(h)Owner means any person who owns or has legal right to possession of any material.

(i)Pornographic means any material or performance which all of the following coalesce:

(1)The average person, applying contemporary community standards, would find that taken as a whole, it appeals to the prurient interest.

(2)It depicts or describes sexual conduct in a patently offensive way.

(3)Taken as whole, it lacks serious literary, artistic, political, or scientific merit.