§ 32-223. Prohibited.

A person commits the offense of distributing obscene material when he or she sells, lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so; provided:

(1)

The term "knowing," as used in this section, shall be deemed to be either actual or constructive knowledge of the obscene contents of the subject matter;

(2)

A person has constructive knowledge of the obscene contents if he or she has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material;

(3)

However, that the character and reputation of the individual charged with an offense under this law, and, if a commercial dissemination of obscene material is involved, the character and reputation of the business establishment involved may be placed in evidence by the defendant on the question of intent to violate this law;

(4)

Undeveloped photographs, molds, printing plates, and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.

(Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 10(a)), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 10(a)), 4-19-2007)