|
533.01 GENERAL OFFENSES CODE 86
<br />(1) The material or performance, when considered as a whole, appeals to the
<br />prurient interest in sex of juveniles.
<br />(2) The material or performance is patently offensive to prevailing standards
<br />in the adult community as a whole with respect to what is suitable for
<br />juveniles.
<br />(3) The material or performance, when considered as a whole, lacks serious
<br />literary, artistic, political and scientific value for juveniles.
<br />(f) When considered as a whole, and judged with reference to ordinary adults, or,
<br />if it is designed for sexual deviates or other specially susceptible group, judged
<br />with reference to such group, any material or performance is "obscene" if any of
<br />the following apply:
<br />(1) Its dominant appeal is to prurient interest;
<br />(2) Its dominant tendency is to arouse lust by displaying or depicting sexual
<br />activity, masturbation, sexual excitement or nudity in away which tends
<br />to represent human beings as mere objects of sexual appetite;
<br />(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality
<br />or extreme or bizarre violence, cruelty or brutality;
<br />(4) Its dominant tendency is to appeal to scatological interest by displaying or
<br />depicting human bodily functions of elimination in a way which inspires
<br />disgust or revulsion in persons with ordinary sensibilities, without serving
<br />any genuine scientific, educational, sociological, moral or artistic purpose;
<br />(5) It contains a series of displays or descriptions of sexual activity,
<br />masturbation, sexual excitement, nudity, bestiality, extreme or bizarre
<br />violence, cruelty or brutality, or human bodily functions of elimination,
<br />the cumulative effect of which is a dominant tendency to appeal to prurient
<br />or scatological interest, when the appeal to such interest is primarily for
<br />its own sake or for commercial exploitation, rather than primarily for a
<br />genuine scientific, educational, sociological, moral or artistic purpose.
<br />(g) "Sexual excitement" means the condition of human male or female genitals when
<br />in a state of sexual stimulation or arousal.
<br />(h) "Nudity" means the showing, representation or depiction of human male or
<br />female genitals, pubic area or buttocks with less than a full, opaque covering, or
<br />of a female breast with less than a full, opaque covering of any portion thereof
<br />below the top of the nipple, or of covered male genitals in a discernibly turgid
<br />state.
<br />(i) "Juvenile", "minor" or "child" means an unmarried person under the age of
<br />eighteen. (Ord. 85-21. Passed 1-20-86.)
<br />(j) "Material" means any book, magazine, newspaper, pamphlet, poster; print,
<br />picture, figure, image, description, motion picture film, phonographic record, or
<br />tape, or other tangible thing capable of arousing interest through sight, sound, or
<br />touch and includes an image or text appearing on a computer monitor, television
<br />screen, liquid crystal display, or similar display device or an image or text
<br />recorded on a computer hard disk, computer floppy disk, compact disk, magnetic
<br />tape or similar data storage device.
<br />(k) "Performance" means any motion picture, preview, trailer, play, show, skit;
<br />dance or other exhibition performed before an audience:
<br />(ORC 2907.01; Ord. 75-39. Passed 12-23-75.)
<br />2003 Replacement
<br />
|