§ 9.32.020. Same—Definitions.

A.

Material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to prurient interest, that is, it either:

1.

Depicts nudity by showing human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or

2.

Depicts, describes or portrays in a patently offensive manner human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sado-masochistic abuse, lewd exhibition of the genitals or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breast of the female, whether alone, or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification; or

3.

Depicts human genitals in a state of sexual stimulation or arousal and is material the redeeming social importance of which is substantially less than its prurient appeal.

B.

The term "material," as used in this section, means any writing, picture, record or other representation or embodiment.

C.

The term "distribute" means to transfer possession of, whether with or without consideration.

D.

The term "knowingly," as used in this section means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.

E.

The term "exhibit" means to place the material in plain view of or to show the material to a child.

(Prior Code, § 10:90-2; Code 1996, § 9.32.020)

State law reference

Similar provisions, 430 ILCS 5/11-21.