Skip to main content
Loading…
This section is included in your selections.

For the purposes of Sections 9.12.150 to 9.12.200 the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. Obscene. Whether to the average adult person, applying contemporary community standards, the dominant theme of the material or the conduct taken as a whole appeals to the prurient interest. The judge or the jury, if one is impaneled, shall be the sole triers of what is obscene. The community standards shall be the standards of the community of the state. “Prurient interest” means a shameful or morbid interest in nudity, sex or excretion, which goes substantially beyond customary limits of candor in description or representation of such matter and is a matter which is utterly without redeeming social importance.

B. “Wilfully” means a purpose or willingness to commit the act or make the omission referred to. Such term does not require any intent to violate the law or to injure another or to require any advantage. Every person having any of the items described in subsections C, D and F of Section 9.12.150 in his possession shall have the duty to make a reasonable investigation of the contents thereof and shall be presumed to have knowledge of the contents thereof which such an investigation would disclose. (Prior code § 17-23)