§ 20-75. Definitions.

For the purpose of this division, the following words shall have the following meanings:

Child pornography means images containing a visual representation of a minor child under eighteen (18) years of age engaging in sexually explicit conduct, as defined herein, in 18 U.S.C. § 2256 or in LA. R.S. 14:81.1.

Distribute means to transfer possession of in person, by mail, by agent or by any other means whether with or without consideration.

Explicit sexual material means:

(1)

Any picture, drawing, photograph, motion picture, or other pictorial representation, which depicts actual or simulated acts of human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, excretory functions, torture in the context of a sexual relationship, or exhibition of the genitals;

(2)

Any artificial human penis or vagina or device primarily designed physically to stimulate genitals, or any description, advertisement or offer to sell or distribute such an artificial organ or device where such description or advertisement presents either a pictorial representation or a detailed verbal description of such organ or device or its manner of use;

(3)

Any book, magazine, newspaper or other printed or written material, which is made up in whole or in dominant part of depictions or descriptions of human sexual intercourse, oral copulation, bestiality, sodomy, masturbation or torture in the context of a sexual relationship.

Harmful to minors means that quality of any description or representation, in whatever form of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse when it:

(1)

Predominantly appeals to the prurient, shameful or morbid interest;

(2)

Is patently offensive to prevailing standards in the adult community in the parish, as a whole with respect to what is suitable material for minors; and

(3)

Lacks serious literary, artistic, political, or scientific value 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:

(1)

The character and content of any material described herein which is reasonably susceptible to examination by the defendant; or, if applicable,

(2)

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

Material means any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture or other pictorial representation, figure, object, article, instrument, novelty, device or recording or transcription.

Minor means any unmarried person less than eighteen (18) years of age.

Nudity means a state of undress so as to expose 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 or uncovered male genitals in a discernibly turgid state.

Obscene means that which the average person, applying contemporary community standards in the parish, would find, taken as a whole:

(1)

Appeals to the prurient interest; and

(2)

Which portrays, represents, depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, sodomy, bestiality, oral copulation, excretory functions, and lewd exhibition of the genitals; and

(3)

Which, taken as a whole, does not have serious literary, artistic, political or scientific value.

Obscene item means:

(1)

Any obscene book; or

(2)

Any obscene leaflet, pamphlet, magazine, book, picture, painting or drawing, photograph, film, negative, slide, motion picture; or

(3)

Any obscene figure, object, article, instrument, novelty, device, or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words or sounds.

Obscene live conduct is:

(1)

The actual or simulated performance of acts of human sexual intercourse, masturbation, sodomy, bestiality, oral copulation or excretory functions; or

(2)

The actual or simulated touching, caressing, or fondling of the anus, genitals, or female breast; or

(3)

The actual or simulated displaying of the pubic hairs, anus, vulva, genitals or nipples of the female breast, and which production, performance, or exhibition, when, taken as a whole, lacks serious literary, theatrical or artistic value.

Public display means any material that is visible on a billboard, viewing screen, theater marquee, newsstand, display rack, window, show case, display case or other similar display area that is visible from a public street, sidewalk, park or other place to which the public has unrestrained access or from the property of others.

Sado-masochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct of nudity.

(Code 1961, § 12-61; Ord. No. 21106, § 1, 10-18-00)

Cross reference

Definitions and rules of construction generally, § 1-2.