As used in this chapter, the following words will have the following meanings, unless the context requires otherwise:

    "Advertising purposes" means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service or the commercial exhibition of an entertainment.

    "Display publicly" means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle.

    "Distribute" means to transfer possession of or permit to be viewed, heard or examined, with or without consideration.

    "Furnishes" means to sell, give, rent, loan or otherwise provide.

    "Knowingly" means to have actual or constructive knowledge of the contents of the subject matter. A person has "constructive knowledge" if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter and if the failure to inspect is for the purpose of avoiding such disclosure. Knowledge of the obscene nature of material shall be presumed when a person fails to inspect materials after receiving a complaint as to the obscene nature thereof.

    "Nude" or "nudity" means uncovered, or less than opaquely covered buttocks, human genitals, pubic areas, the human female breast below the areola, or the covered human male genitals in a discernibly turgid state or in a condition of sexual excitement. For purposes of this definition, a female breast is considered uncovered if the nipple and the areola only are covered.

    "Obscene" means an act, depiction, representation, description, obscene performance, or any other item, material or conduct in this chapter described, whether actual or simulated in form, which:

    A.    Taken as a whole, the average person would find appeals to the prurient interest when applying contemporary community standards;

    B.    It is presented in a patently offensive way by going substantially beyond customary limits of candor in description or representation of the aforesaid matters in the community; and

    C.    Taken as a whole, lacks serious literary, artistic, political or scientific value.

    "Obscene performance" means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity as part of explicit sexual conduct or sadomasochistic abuse, or which includes explicit verbal description or narrative accounts of obscene sexual conduct.

    "Obscenities" means those slang words currently and generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for bodily sexual or excretory meaning.

    "Pandering" means catering to the lust or gratification of the lust of another.

    "Person" shall not be limited to individuals only, but shall include public and private corporations, firms, joint associations, partnerships and the like. The word "persons" as used herein applies to a natural person and shall apply equally to the male and female genders.

    "Prurient interest" means a shameful or morbid interest in nudity, sex or excretion.

    "Public place" means a place accessible or visible to members of the public or to casual passersby; or any place where a fee or charge is made for entrance or membership.

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

    "Sexual conduct" means human masturbation, sexual intercourse, or any touching of the covered genitals, human female breast, pubic areas or buttocks of the human male or female, whether alone or between members of the same or opposite sex or humans and animals, in an act of apparent sexual stimulation or gratification, which term includes, but is not limited to fellatio, cunnilingus, pederasty and bestiality.

    "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 experience of humans engaging in or witnessing sexual conduct or nudity.

    "Wilfully" means simply a purpose or willingness to commit the act or to omit an act referred to herein. (Added during 1993 recodification)