Certain Obscene Telephone Communications

Prohibited; Penalty.

(a)For purposes of this section and of § 28.71 of this Title 9, the term “obscene” shall mean that: COL6/24/2021 CH. 28 PUBLIC INDECENCY

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

(2)The communication depicts or describes, in a patently offensive way, any act or conduct which constitutes sexual conduct as defined by Chapter 25 of this Title 9; and

(3)The communication, taken as a whole, lacks serious literary, artistic, political, or scientific value. (b)(1) A subscriber of telephone service who makes any obscene communication by means of a telephone, in person, or through an electronic recording device, in exchange for remuneration is guilty of a misdemeanor, regardless of whether such subscriber placed, initiated or received the telephone call.

(2)A subscriber of telephone service who knowingly permits the use of a telephone or a telephone facility under such subscriber's control to make or to receive, at the request of the subscriber, any obscene communication prohibited under subsection (b)(1) of this section, is guilty of a misdemeanor if the telephone or telephone facility is connected to a local exchange telephone.

(c)For purposes of this subsection, each day of a violation shall constitute a separate offense.