New Orleans |
Code of Ordinances |
Chapter 54. CRIMINAL CODE |
Article V. OFFENSES AFFECTING MORALITY |
Division 2. SEXUAL IMMORALITY |
§ 54-255. Sale and distribution of obscene material.
(a)
It shall be unlawful for any person to knowingly send or cause to be sent, bring or cause to be brought into the parish for sale or distribution, or in this parish prepare, publish, print, exhibit, distribute or offer to distribute, or have in his possession with intent to distribute or to exhibit or offer to distribute, any obscene material.
(b)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Distribute means to transfer possession of, whether with or without consideration.
Knowingly means having general knowledge of or reason to know or a belief or reasonable grounds for belief which warrants further inspection or inquiry or both of the character and content of any material described in this section which is reasonably susceptible of examination by the defendant.
Material means any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture or other pictorial representation.
Obscene means that:
(1)
The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;
(2)
The work depicts or describes actual or simulated acts of human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, excretory functions or lewd exhibition of the genitals; and
(3)
The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
(Code 1956, § 42-48)