§ 54-260. Obscene live conduct.

(a)

It shall be unlawful for any person to engage in, participate in, manage, produce, sponsor, present or exhibit obscene live conduct.

(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:

Hardcore sexual conduct is the public portrayal, for its own sake, and for ensuing commercial gain of:

(1)

Ultimate sexual acts, normal or perverted, actual, simulated, and animated, whether between human beings, animals, or an animal and a human being;

(2)

Masturbation, excretory functions or lewd exhibition, actual, simulated, or animated, of the genitals, pubic hair, anus, vulva, or female breast nipples;

(3)

Sadomasochistic abuse, meaning actual, simulated or animated, flagellation, or torture by or upon a person who is nude or clad in undergarments or in a costume that reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or in the condition of being fettered, bound, or otherwise physically restrained, on the part of one so clothed;

(4)

Actual, simulated, or animated touching, caressing, or fondling of, or other similar physical contact with a pubic area, anus, female breast nipple, covered or exposed, whether alone or between humans, animals or a human and an animal, of the same or opposite sex, in an act of apparent sexual stimulation or gratification; or

(5)

Actual, simulated, or animated stimulation of a human genital organ by any device whether or not the device is designed, manufactured, or marketed for such purpose.

Obscene live conduct means the intentional:

(1)

Exposure of the genitals, pubic hair, anus, vulva, or female breast nipples in any public place or place open to the public view with the intent of arousing sexual desire or which appeal to prurient interest or is patently offensive; or

(2)

Participation or engagement in, or management, operation, production, presentation, performance, promotion, exhibition, advertisement, sponsorship, or display of, hardcore sexual conduct when the trier of fact determines that the average person applying contemporary community standards would find that the conduct, taken as a whole, appeals to the prurient interest; and the hardcore sexual conduct is presented in a patently offensive way; and the conduct taken as a whole lacks serious literary, artistic, political, or scientific value.

(Code 1956, § 42-51)

State law reference

Hard core sexual conduct, defined, R.S. 14:106.