Chapter 9.25 OBSCENITY

Chapter 9.25
OBSCENITY

Sections:

9.25.010 Exposing minors to harmful materials.

(a) Definitions. As used in this section:

“Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, which taken as a whole appeals to the prurient interest in sex, which taken as a whole portrays sexual conduct in a patently offensive way, and which taken as a whole does not have serious literary, artistic, political or scientific value. Whether a work appeals to the prurient interest and whether it depicts or describes sexual conduct in a patently offensive way, and whether it has serious literary, artistic, political or scientific value are to be determined by applying contemporary community standards in the adult community as a whole with respect to what is suitable material for minors.

“Knowingly” means 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 defendant; and

(2) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

“Knowledge of the minor’s age” means:

(1) Knowledge or information that the person is a minor; or

(2) Reason to know, or a belief or grounds for belief, which warrants further inspection or inquiry of the age of the minor.

“Minor” means any person under the age of 18 years.

“Nudity” means the showing of the 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 fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

“Sadomasochistic abuse” means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained.

“Sexual conduct” is defined to be acts of sexual intercourse between humans, normal or perverted, actual or simulated, acts of masturbation, fellatio, cunnilingus, and acts of excretory function, lewd exhibition of the genitals especially in a stimulated condition and sexual relations between humans and animals.

“Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(b) It shall be unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, show or other presentation which in whole or in part depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors, unless such minor is accompanied by his parent or legal guardian.

(1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors.

(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subsection (c)(1) of this section, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.

(d) It shall be unlawful for any person knowingly to admit a minor whom he or she knows or has reason to believe is not his/her child or legal ward to any premises whereon there is exhibited nudity, sexual conduct or sadomasochistic abuse which is harmful to minors unless such minor is accompanied by his/her parent or legal guardian. [Ord. dated 3/6/12 § 82. Prior code § 9-4-1].

State law reference: Chapter 944, Wis. Stats.

9.25.020 Obscenity prohibited.

(a) Definitions. In this section, the following words shall have the following definitions:

“Obscene material” means a writing, picture, sound recording or film, and “obscene performance” means a live exhibition before an audience which:

(1) The average person, applying contemporary community standards, would find appeals to prurient interests if taken as a whole;

(2) Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and

(3) Lacks serious literary, artistic, political or scientific value as measured by objective standards if taken as a whole.

“Sexual conduct” means the commission or simulation of any of the following: sexual intercourse, sodomy, beastiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.

(b) Whoever does any of the following with knowledge of the character and content of the material or performance is guilty of a violation of this code of ordinances:

(1) Imports, prints, advertises, sells, has in his or her possession for sale, or publishes, exhibits or transfers any obscene material.

(2) Advertises, produces or performs in any obscene performance.

(3) Has in his or her possession, with intent to transfer or exhibit to a person under the age of 18 years, any obscene material.

(4) Transfers or exhibits any obscene materials to a person under the age of 18 years.

(5) Requires, as a condition to the purchase of periodicals, that a retailer accept obscene material.

(c) Review of Material. In determining whether material is obscene under subsection (a) of this section, a judge or jury shall examine individual pictures or passages in the context of the work in which they appear. [Prior code § 9-4-2].