Memphis Code of Ordinances § 10-24-1 Definitions.
Sec. 10-24-1. - Definitions.
As used in this chapter the following definitions apply:
Excess violence means the depiction of acts of violence in such a graphic and/or bloody manner as to exceed common limits of custom and candor, or in such a manner that it is apparent that the predominant appeal of the material is portrayal of violence for the sake of violence.
Harmful to minors means the quality of any description or representation, in whatever form, during a live performance, of nudity, sexual excitement, sexual conduct, excess violence, or sado-masochistic abuse when it:
1. Predominantly appeals to the prurient, shameful or morbid interest of minors;
2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
3. Is utterly without redeeming social importance for minors.
Knowingly means having general knowledge of, or reason to know, or a belief or ground for belief, which warrants further inspection or inquiry or both:
1. The character and content of any material described herein which is reasonably susceptible of examination by the defendant; and
2. The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant makes a reasonable bona fide attempt to ascertain the true age of such minor.
Minor means any person who has not reached 18 years of age and is unemancipated.
Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than full opaque covering or the showing of the female breast with the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
Sado-masochistic abuse means flagellation or torture or physical restraint by or upon a person for the purpose of sexual gratification of either person.
Sexual conduct means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or the breast.
Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(Code 1985, § 20-135.1; Ord. No. 3957, § 1, 4-10-1990)
