OBSCENE AND EXPLICIT SEXUAL MATERIALS

Gulfport Code of Ordinances ch. 7, art. II

in effect

Gulfport Code of Ordinances § 7-36 Distribution or wholesale distribution of obscene materials or performances; character and reputation as evidence; prosecutor's bond.

Sec. 7-36. - Distribution or wholesale distribution of obscene materials or performances; character and reputation as evidence; prosecutor's bond. (a) A person commits the offense of distributing obscene materials or obscene performances when he sells, rents, leases, advertises, publishes or exhibits to any person any obscene material or obscene performance of any description knowing the obscene nature thereof or offers to do so or possesses such material with the intent to do so. A person commits the offense of wholesale distributing obscene materials or obscene performances when he distributes for the purpose of resale any description knowing the obscene nature thereof or offers to do so or possesses such material with the intent to do so. The word knowing as used in this section means either actual or constructive knowledge of the obscene contents of the subject matter, and a person has constructive knowledge of the obscene contents if he has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material. The character and reputation of an individual charged with an offense under sections 7-36 through 7-40 and, if a commercial dissemination of obscene material or an obscene performance 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 sections 7-36 through 7-40. (b) Any person, other than a city attorney, county prosecuting attorney or district attorney, who shall sign an affidavit charging an offense prescribed by this section shall file a bond in the amount of five hundred dollars ($500.00) at the time such affidavit is lodged. Such bond shall be conditioned that the affidavit was not filed frivolously, maliciously or out of ill will. (Ord. No. 1886, 11-20-90)

Gulfport Code of Ordinances § 7-37 Definitions.

Sec. 7-37. - Definitions. For the purposes of this article, the following terms are defined: Material: Any book, magazine, newspaper, advertisement, pamphlet, poster, print, picture, figure, image, drawing, description, motion picture film, phonographic record, recording tape, videotape or other tangible thing producing, reproducing or capable of producing or reproducing an image, picture, sound or sensation through sight, sound or touch, but it does not include an actual three-dimensional sexual device as defined in section 7-38. Material or performance is obscene if: (1) To the average person, applying contemporary community standards taken as a whole, it appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; and (2) The material or performance taken as a whole lacks serious literary, artistic, political or scientific value; and (3) The material or performance depicts or describes in a patently offensive way sexual conduct specifically defined in subparagraphs a. though e. below: a. Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; b. Acts of masturbation; c. Acts involving excretory functions or lewd exhibition of the genitals; d. Acts of bestiality or the fondling of sex organs of animals; or e. Sexual acts of flagellation, torture or other violence indicating a sadomasochistic sexual relationship. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene material notwithstanding that processing or other acts may be required to make the obscenity patent or to distribute it. Patently offensive: So offensive on its face as to affront current community standards. Performance: A play, motion picture, dance or other exhibition performed before an audience. Wholesale distributes: To distribute for the purpose of resale. (Ord. No. 1886, 11-20-90)

Gulfport Code of Ordinances § 7-38 Distribution or wholesale distribution of unlawful sexual devices; prosecutor's bond.

Sec. 7-38. - Distribution or wholesale distribution of unlawful sexual devices; prosecutor's bond. (a) A person commits the offense of distributing unlawful sexual devices when he knowingly sells, advertises, publishes or exhibits to any person any three-dimensional device designated or marketed as useful primarily for the stimulation of human genital organs or offers to do so or possesses such devices with the intent to do so. A person commits the offense of wholesale distributing unlawful sexual devices when he distributes for the purpose of resale any three-dimensional device designed or marketed as useful primarily for the stimulation of human genital organs or offers to do so or possesses such devices with the intent to do so. (b) Any person, other than a city attorney, county prosecuting attorney or district attorney, who shall sign an affidavit charging an offense prescribed by this section shall file a bond in the amount of five hundred dollars ($500.00) at the time such affidavit is lodged. Such bond shall be conditioned that the affidavit was not filed frivolously, maliciously or out of ill will. (Ord. No. 1886, 11-20-90)

Gulfport Code of Ordinances § 7-39 Exemptions for application of sections 7-36 through 7-40; procedure for claiming exemption; defenses.

Sec. 7-39. - Exemptions for application of sections 7-36 through 7-40; procedure for claiming exemption; defenses. (a) Sections 7-36 through 7-40 shall not apply when the distribution or wholesale distribution of the material, performance or device was made by: (1) A person, corporation, company, partnership, firm, association, business, establishment or other legal entity to a person associated with an institution of higher learning, either as a member of the faculty or as a matriculated student, teaching or pursuing a course of study related to such material, performance or device; (2) A licensed physician or a licensed psychologist to a person whose receipt of such material or device was authorized in writing by such physician or psychologist in the course of medical or psychological treatment or care; (3) A person who, while acting in his capacity as an employee, is employed in a fulltime or part-time basis by: a. Any recognized historical society or museum accorded charitable status by the federal government; b. Any state, county or municipal public library; or c. Any library of any public or private school, college or university in this state; or (4) A community television antenna services system or a cable television system operating pursuant to a written agreement not in conflict with this paragraph granted by a county, municipality or other political subdivision of this state or by an employee of such system while acting within the scope of his employment when the signal transmitting the material or performance originates outside of the state. (b) Any exemption from prosecution claimed under the provisions of this section may be raised at a pretrial hearing by motion, and the court shall determine whether sufficient evidence exists to constitute an exemption from prosecution under the provisions of sections 7-36 through 7-40. If the motion is sustained, the case shall be dismissed; provided, however, if the motion is not sustained, then the defendant may offer into evidence at trial as an affirmative defense to conviction under this act any matter which could have been raised by the defendant in the motion to dismiss. (Ord. No. 1886, 11-20-90)

Gulfport Code of Ordinances § 7-40 Penalties.

Sec. 7-40. - Penalties. (a) Any person who violates section 7-36 or section 7-40 shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned in the county jail for a term not to exceed ninety (90) days or both. (b) A corporation, company, partnership, firm, association, business establishment, organization or other legal entity other than an individual convicted of distributing obscenity or unlawful sexual devices or wholesale distribution of obscenity or unlawful sexual devices shall be fined not less than one thousand dollars ($1,000.00). (Ord. No. 1886, 11-20-90)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH7OFMIPR_ARTIIOBEXSEMAFetched: 11/1/2026