235.00 - Obscenity; definitions of terms.

§ 235.00 Obscenity; definitions of terms.    The  following  definitions  are applicable to sections 235.05, 235.10  and 235.15:    1. "Obscene." Any material or performance  is  "obscene"  if  (a)  the  average  person,  applying  contemporary community standards, would find  that considered as a whole, its predominant appeal is  to  the  prurient  interest in sex, and (b) it depicts or describes in a patently offensive  manner,  actual  or  simulated: sexual intercourse, criminal sexual act,  sexual bestiality, masturbation, sadism, masochism,  excretion  or  lewd  exhibition  of  the  genitals,  and  (c) considered as a whole, it lacks  serious literary, artistic, political, and scientific value. Predominant  appeal shall be judged with  reference  to  ordinary  adults  unless  it  appears  from  the character of the material or the circumstances of its  dissemination to be designed for children or other specially susceptible  audience.    2. "Material" means anything tangible which is capable of  being  used  or  adapted  to  arouse interest, whether through the medium of reading,  observation, sound or in any other manner.    3. "Performance" means  any  play,  motion  picture,  dance  or  other  exhibition performed before an audience.    4.  "Promote"  means to manufacture, issue, sell, give, provide, lend,  mail, deliver,  transfer,  transmute,  publish,  distribute,  circulate,  disseminate,  present,  exhibit or advertise, or to offer or agree to do  the same.    5. "Wholesale promote" means to  manufacture,  issue,  sell,  provide,  mail,  deliver,  transfer,  transmute,  publish,  distribute, circulate,  disseminate or to offer or agree to do the same for purposes of resale.    6. "Simulated" means the explicit depiction or description of  any  of  the  types of conduct set forth in clause (b) of subdivision one of this  section, which creates the appearance of such conduct.    7. " Criminal sexual act" means any of the  types  of  sexual  conduct  defined  in subdivision two of section 130.00 provided, however, that in  any prosecution under this article the marital  status  of  the  persons  engaged in such conduct shall be irrelevant and shall not be considered.