§ 5-2-1. Definitions.

(a)

For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

(1)

Person shall mean any individual, partnership, firm, association, corporation or other legal entity.

(2)

Obscene, where it appears in this Chapter, shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sado-masochistic abuse, and which depicts, describes or portrays sexual conduct in a patently offensive way, going substantially beyond customary limits of candor in description or representation of such matters, and which, taken as a whole, does not have serious literary, artistic, political or scientific value.

(3)

Substantially beyond customary limits of candor shall mean any patently offensive material, as defined herein, shall be deemed to go substantially beyond the customary limits of candor prevailing in the County of Fairfax, Virginia.

(4)

Patently offensive shall be deemed to include any of the following sexual conduct or material when said conduct or material is depicted, described or represented in a manner appealing predominantly to the prurient interest in sex:

(A)

An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal.

(B)

Sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition [of] being fettered, bound or otherwise physically restrained on the part of one so clothed.

(C)

Masturbation, excretory functions and lewd exhibitions of the genitals, including any explicit, close-up representation of a human genital organ.

(D)

Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(E)

A device designed and marketed as useful primarily for stimulation of the human genital organs.

(F)

Male or female genitals in a state of sexual stimulation or arousal.

(5)

Distribute shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this Article may pass from one person, firm or corporation to another.

(21-79-5.)

(21-79-5.)