§ 38-222. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

    Obscenity means any material or performance is obscene if the average person, applying contemporary adult community standards, would find that:

    (1)

    Considered as a whole, it appeals to the prurient interest; and

    (2)

    It depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals.

    A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs.

(Ord. No. 719, 8-27-1981)