Obscene Materials or Performances.
Milwaukee Code of Ordinances § 106-7
in effect106-7. Obscene Materials or Performances.
1. DEFINITIONS. a. "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual 3-dimensional obscene device.
b. "Obscene" means material or a performance that:
b-1. The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex.
b-2. Depicts or describes:
b-2-a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, fellatio, cunnilingus and sexual bestiality; or
b-2-b. Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and
b-3. Taken as a whole, lacks serious literary, artistic, political or scientific value.
c. "Obscene device" means a device, including a dildo or artificial vagina, designed and marketed as useful primarily for the stimulation of human genital organs.
d. "Patently offensive" means so offensive on its face as to affront current community standards of decency.
e. "Performance" means a play, motion picture, dance or other exhibition performed before an audience.
f. "Promote" means to manufacture, issue, sell, give, provide, lend, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.
2. UNLAWFUL ACTS. a. A person commits a violation under this section if, knowing its content and character, he or she:
a-1. Promotes or possesses with intent to promote any obscene material or obscene device; or
a-2. Produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.
b. This section does not apply to a person who possesses or distributes obscene material or obscene devices or participates in conduct otherwise prescribed by this section when the possession, participation or conduct occurs in the course of law enforcement activities.
3. PENALTY. Any person who violates this section shall forfeit not less than $500, nor more than $2,000 together with the costs of prosecution for each offense. In default of payment of any forfeiture and cost of prosecution, the violator shall be imprisoned in the house of correction or the county jail until such forfeiture or costs are paid. Such imprisonment shall not exceed 60 days.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH106.pdf#page=4Fetched: 10/26/2026