For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESCRIPTIONS OR DEPICTIONS OF ILLICIT SEX OR SEXUAL IMMORALITY.
(1) Human genitals in the state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
DISTRIBUTION. The transfer of possession, whether with or without consideration.
HARMFUL TO MINORS. A publication, article, book, magazine, movie, recording, or other work shall be deemed "harmful to minors" if it:
(1) Is distinguished or characterized by descriptions, depictions, or representations of sexual acts, sexual excitement, nude or partially denuded human figures, or sadomasochistic abuse.
(2) Predominantly appeals to the prurient, shameful, or morbid interest of minors, and
(3) Is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors, and
(4) Is utterly without redeeming social importance for minors.
KNOWINGLY. Having general knowledge of or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(1) The character and content of any material described herein which is reasonably susceptible of examination by the person, and
(2) The age of the minor, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the person made a reasonable, bona fide attempt to ascertain the true age of the minor.
MINOR. Any person under the age of 18 years.
NUDE OR PARTIALLY DENUDED FIGURES. Descriptions, depictions, or representations of human figures if such human figures are posed or presented in a manner of arouse lust or passion or to exploit sex, lust, or sexual perversions and if the genitals, public regions, buttocks, or female breasts below a point immediately above the top of the areola of such figures are less than completely or opaquely covered or the male genitals of such figures are shown in a discernibly turgid state even if completely and opaquely covered.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or on a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.
(1) Human genitals in the state of sexual stimulation or arousal.
(2) Acts of masturbation, sexual intercourse, or sodomy.
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(1999 Lou. Code, § 133.11) (Lou. Ord. No. 115-1977, approved 11-1-1977; Lou. Am. Ord. No. 3-1988, approved 1-14-1988; Lou. Metro Am. Ord. No. 48-2007, approved 3-26-2007)
