City of El Paso, IL Article IV Obscenity

[Adopted 1982 by Ord. No. 562 (Ch. 9.40 of the 1979 Code)]

§ 223-5 Definitions and word usage.

A. As used in this article, the following terms shall have the meanings indicated:

OBSCENE

(See 720 ILCS 5/11-20, as amended.) Any material or performance is obscene if:

[Amended 2-6-2017 by Ord. No. 994]

(1) The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and

(2) The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and

(3) Taken as a whole, it lacks serious literary, artistic, political or scientific value.

PERSON

An individual, public or private corporation, government, partnership, or unincorporated association.

B. Any reference to the masculine shall include the feminine, and any reference to the singular shall include the plural.

§ 223-6 Prohibited conduct.

It is unlawful to commit obscenity.

§ 223-7 Elements of offense.

A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:

A. Sells, delivers, or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record, or other representation or embodiment of the obscene; or

B. Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or

C. Publishes, exhibits, or otherwise makes available anything obscene; or

D. Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or

E. Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this article, or of the penal laws or regulations of any other jurisdiction; or

F. Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.

§ 223-8 Interpretation of evidence.

A. Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.

B. Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political or scientific value.

[Amended 2-6-2017 by Ord. No. 994]

C. In any prosecution for an offense under this article, evidence shall be admissible to show:

(1) The character of the audience for which the material was designed or to which it was directed.

(2) What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people.

(3) The artistic, literary, scientific, educational, or other merits of the material, or absence thereof.

(4) The degree, if any, of public acceptance of the material in this state.

(5) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material.

(6) The purpose of the author, creator, publisher, or disseminator.

§ 223-9 Prima facie evidence.

[Amended 2-6-2017 by Ord. No. 994]

The creation, purchase, procurement, or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than three copies of obscene material shall be prima facie evidence of an intent to disseminate.

§ 223-10 Affirmative defenses.

It shall be an affirmative defense to obscenity that the dissemination:

A. Was not for gain and was made to personal associates other than children under 18 years of age.

B. Was to institutions or individuals having scientific or other special justification for possession of such material.

§ 223-11 Penalty.

[Amended 2-6-2017 by Ord. No. 994]

Any person who shall violate any of the provisions of this article shall be guilty of a Class A misdemeanor and subject to a fine in an amount not to exceed $2,500, imprisonment of less than one year, or both such fine and imprisonment.