§ 32B-2. Definitions.

(a)

"Knowledge" or "knowledge of such nuisance" means having knowledge of the contents and character of the patently offensive sexual conduct which appears in the obscene matter.

(b)

"Obscene matter" means matter, taken as a whole, the predominant appeal of which to the average person, applying contemporary standards, is to prurient interest, i.e., a shameful or morbid interest in nudity, sex or excretion; and is matter which taken as a whole goes substantially beyond customary limits of candor in description or representation of such matters; and is matter which taken as a whole is utterly without redeeming social importance.

(1)

The predominant appeal to prurient interest of the matter is judged with reference to average adults unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, in which case the predominant appeal of the matter shall be judged with reference to its intended recipient group.

(2)

Where circumstances of production, presentation, sale, dissemination, distribution or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is utterly without redeeming social importance.

(3)

In determining whether the matter taken as a whole goes substantially beyond customary limits of candor in description or representation of such matters, the fact that the defendant knew that the matter depicts persons under the age of sixteen (16) years engaged in sexual conduct, as defined in subdivision (c) of Penal Code section 311.4, is a factor which can be considered in making such a determination.

(c)

"Matter" shall mean a motion picture film or a publication, or both.

(d)

"Motion picture film" shall include any:

(1)

Film or plate negative;

(2)

Film or plate positive;

(3)

Film designed to be projected on a screen for exhibition;

(4)

Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;

(5)

Videotape or any other medium used to electronically reproduce images on a screen.

(e)

"Person" means any individual, partnership, firm, association, corporation or other legal entity.

(f)

"Place" includes but is not limited to any building, structure or place, or any separate part or portion thereof, whether permanent or not, or the ground itself. "Place" also includes any money, slug- or coin-operated vending machine, or mechanical or electronically controlled vending machine, which is located upon or is accessible from a public sidewalk or thoroughfare.

(g)

"Publication" shall include any book, magazine, newspaper, article, pamphlet, writing, printing, illustration, picture, sound recording or a motion picture film when such film is offered for sale or exhibited in a coin-operated machine.

(h)

"Sale" means a passing of Title or right of possession from a seller to a buyer for valuable consideration, and shall include but is not limited to any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, obscene matter.

(Ord. No. 2324, § 1, 12-21-82; Ord. No. 2331, § 1, 1-18-83)