Section 30-38-1 - Outdoor motion picture theatres; prohibited from showing obscene films.
30-38-1. Outdoor motion picture theatres; prohibited from showing obscene films.
A. It is unlawful for the owner or operator of an outdoor motion picture theatre to exhibit any obscene film in an outdoor theatre.
B. For purposes of this section, "obscene film" means a film that:
(1) the average person applying contemporary community standards would find that, when considered or taken as a whole, appeals to the prurient interests;
(2) the material depicts or describes sexual conduct in a patently offensive way by representations of ultimate sexual acts, normal or perverted, actual or simulated; masturbation, excretory functions or lewd exhibitions of the genitals of oneself or another; tactile stimulation of the genitals of oneself or another; and
(3) the work when considered or taken as a whole lacks serious literary, artistic, political or scientific value.
C. It is unlawful for any person to violate the provisions of Subsection A of this section. In the event a person violates the provisions of Subsection A of this section any representative of the local government involved may, upon notice to the offending person, seek an injunction in the district court to enjoin the showing of the offending film.