73 of 1970 - Amending Section 32-2-10, regarding obscene literature to incorporate those provisions included in t (2) ROLL CALL I -
VOTING Aye Nay July 14 0
Salt Lake City,Utah , 197
Barker . . . .
Catmvll /
. . . / I move that the Ordin rt4
Garn . . . .
Harrison e
Mr. Chairman .
Result AN ORDINANCE
/,
AN ORDINANCE AMENDING Section 32-2-10 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to obscene literature.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Section 32-2-10 of the Revised Ordinances of
Salt Lake City, Utah, 1965, relating to obscene literature, be, and
the same hereby is, amended to read as follows:
Sec. 32-2-10. (a) Obscene or lewd acts and preparation
and dissemination of obscene materials or hard-core pornography
prohibited--"hard-core pornography" defined. It shall be unlaw-
ful for any person to willfully or knowingly either:
(1) Associate in a lewd, lascivious or obscene manner with
any person, whether married or unmarried, engage in open and
gross lewdness, lascivious or obscene behavior, or make any
open, public, indecent or obscene exposure of his or her person
or of his or her private parts, or the person or private parts
of another; or
(2) Procure, counsel or assist any person to act in a
lewd or obscene manner or make any indecent or obscene exposure
of his own or any other person's private parts; or
(3) Import, write, compose, stereotype, print, design,
copy, draw, paint or otherwise prepare, publish, sell, offer for
sale, display, exhibit by machine or otherwise or distribute
any writing, paper, book, picture, drawing, magazine, pamphlet,
print, design, figure, still or motion picture, photograph or
negative thereof, photocopy, engraving, sound recording, card,
instrument or other such article which is obscene, or buy, pro-
cure, receive or have in his possession any such writing, paper,
book, picture, drawing, magazine, pamphlet, print, dosing, figure,
still or motion picture, photograph or negative thereof, photo-
copy, engraving, sound recording, card, instrument or other
article which is obscene, with the intent of selling, exhibiting,
loaning or circulating, or with the intent to introduce the same
into a family, school, or place of education, or any other place
for the purpose of selling, exhibiting, loaning, or circulating;
or
rj
B,
-2-
(4) Write, compose or publish any notice or advertisement
of any such writing, paper, book, picture, drawing, magazine,
pamphlet, print, design, figure, still or motion picture, photo-
graph or negative thereof, photocopy, engraving, sound recording,
card, instrument or other article which is obscene, or any notice
or advertisement of any article, prescription or preparation for
producing or facilitating a miscarriage in a manner which appalls
to the prurient interest; or
(5) Sing or speak an obscene or lewd song, ballad, or any
other obscene or lewd words in any public place or in the pres-
ence of other persons; or
(6) Require, as a condition to a sale, allocation, con-
signment or delivery for resale of any paper, magazine, book,
periodical, publication, or other merchandise, that the purchaser
or consignee receive any material, which material is obscene or
is believed by the purchaser or consignee to be obscene, or to
deny or threaten to deny a franchise or license, or revoke or
threaten to revoke, or impose any penalty, financial or other-
wise, by reason of the failure or refusal of such purchaser or
consignee to accept such material or to do such acts by reason
of the return of such material.
(b) "Willfully" and "knowingly" defined. (1) As used
in this.ordinance, "willfully" shall mean simply a purpose or
willingness to commit the act or to omit an act required herein.
(2) As used in this ordinance, "knowingly" shall mean to
have actual or constructive knowledge of the contents of the
subject matter. A person has constructive knowledge if a rea-
sonable inspection under the circumstances would have disclosed
the nature of the subject matter and if the failure to inspect
is for the purpose of avoiding such disclosure.
(c) "Obscene" defined. Whenever it appears in this ordinance,
the word "obscene" shall have the following meaning: whether
to the average person, applying contemporary community standards,
the dominant theme of the material or the conduct taken as a
whole appeals to the prurient interest. The judge or the jury
shall be the sole trier of what is obscene. Prurient interest
shall mean a shameful or morbid interest in nudity, sex, or
shallem excretion, which goes substantially beyond customary
limits of candor in description or representation of such matters
and is a matter which is utterly without redeeming social importance.
(d) "Person" defined. Whenever it appears in this ordinance,
the word "person" shall not be limited to individuals only but
shall include public and private corporations, firms, joint
associations, partnerships, and the like. The word "person" as
used herein to apply to a natural person shall apply equally to
the male and female genders.
o`f
-3-
(e) Persons and institutions exempted from ordinance.
This ordinance shall not apply to persons who may possess and
distribute obscene material or participate in the other conduct
which is proscribed when such possession, distribution, or
participation occurs in the course of bona fide educational,
artistic, scientific, medical, or comparable research or study
or in the course of law enforcement activities or in other like
circumstances where the nature of the possession, distribution,
or participation is not related to the appeal to prurient interest;
in addition, nothing in this chapter shall apply to any recognized
historical society or museum, the state law libary, any county
or city or town law library, the state library, the public library,
any lihary of any college or university or to any archive or
library under the supervision and control of the state, county,
municipality, or other political subdivision, or to any similar
organization or institution of the same class.
SECTION 2. In the opinion of the Board of Commissioners, it
is necessary to the peace, health and welfare of the inhabitants
of Salt Lake City that this ordinance become effective immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 14th day of July, 1970.
MAYOR
L 'i\Y RE
(SEAL)
BILL NO. 74 of 1970
Published July 17, 1970
Aora.30.*
FiAN OR 100ofCE IlbNitldOOrr.a.-
nun r,$all Leke Clfy,Ulah.l46o,Board of Affidavit o f Publication
run,',°lrP bsc it eak Inprat Utah.
.of
Comml slorters got b5elth Lake,.Adv.
Utah:
file,evised S.
Ordinat nces of Hof Salon t la ke
City,Ufah,1965,relatlna to obscene
in,eame de,and the hereby
is, me d d to read Obscene
or Ale
Sec. d prep.ram obscene a lewd . Y..cis and obese ma end tllore hard•dean of oc r a materials r hare- SS.
�toarcepornography• nrapdygmbPo°Nncon: fake
shell by Uhlknowi Pot a r: 00
to itlfullyA000 orknowi lewd,
,laby sin
(o Associae in a lewd,ly person
or obscenen with a y tr married or enon, E. K. Carr
manner n
on-
gone don crass lewdness,iasc ----------------
akelau or obscene, ub, behavior,indecent
g
make e s n,Do d his
n on her h r-
non or any
are f via to her,or she is
the person oar or pant of anent-- Being first duly.sworn,deposes and says that I j— egal adver-
=r;2/Procure,counsel r assist en rising clerk of the DESERET NEWS, a daily (except Sunday)
person to act lewd or obscene
manner mekke am indecent or ol. newspaper in the English language with general cir-
af sits own anyprintedfi
lother person''s private parts;or ealation in Utah. and publish.rom Impart, 'iG, te,e- ' published in Salt Lake City, Salt hake
paint, otherwise
Ose propane,
Craw,
sell,
Rmerysal p oar,publish. County,in the State of Utah.
eh,machi for sale,display, xhibrt
by machine o otherwise or aisn:h-
te e v wrdinam a cer, boom,
Yore,"dr°win°' a patois That the legal notice of which a copy is attached hereto
tlto.a esanolaao and A-vI Vsdovyl
recordi ,card,in ens ent o, her
recording,Iran arc,which
i mob e ,or
dP, artiste wni[Ve obscene, Pub ordinance_ -Section- 2 Pecan r hay ,or __..__ amending- 3� 4,D- -the-Revised
PesShook. `�C°`' rrnacJah`e, ordinances of SL City, Utah 1965, relating to obscene
book. wren dddawin,' a
pamphlet,moon°`onto, pnatrlpeaph°'o° _literature..--Rill Ile.-�lt-a -1-9-7-0.
eat ve therm unotocoow e _ _
`e sound other
a,mnTe ca a' nsnu-
mint t that a/fist•�Id[h is¢b-
cene,vrith the
hiblilnp, IpaninG nfent ofv selli7,ex-
inionanfamillV,is nol"oiror phase ofaedw
crrinpse of selllnpiexhllsinp,Iloani It
[irWrItena:pr ---- --- -----
(ic on a, e se e nt any un
notice advertisement fUa y ray,-
rlllrna tapir,bank, i tore,draw-
g. ure,n V mpmoti print,de•
phOl fiaph s Ill p motion thereof, "-------�"-
Photograph n¢9afive thereof.
onomropy, engraving, sound re-
cording,cording, card,
aar Binstrument
ns eoenoror other
was published in said newspaper on
iodide
ice° advertisement of a article,
'lpi7cli nylon° p e arntloln"ytor ln
In 8 r }n Ci l lelinq a s to they
D]y u4— ,9�
u°arP°i°Inie:eainirn appeals is me J ] .�--- -_
'Sr song o oak an any
p
lewd song halted,orny other oh-an
scene or
lInvr the words
any
public I place
persona er
61 allocation,
re, consignment 10 or G-µ
as
Cel'aL",,lliorflan, pp
maadzin,hook,merchandise,
publlca� C�J-4-
Hon,or Ulily consignee sec that the
purchaser onainfo r myf env Le of Advertising Cleric
which material`is obscene
or material,
believed by the purchaser or
consignee 10 be oy a Sr,o
r thl'eatan re deny a franchise or o
revoke or threaten to
yoke,o any penalty. i-
e
revoke,
r nnppSC. P,Pnson of or or refusal
by -
the failure or refusal of such our- 21st
•cheer gr etnado s rp corm sprn orn to before me this day of
material er et do s ch is by ten-
son f W return of sect o materiel.
ni"Willfully" and 'I'<noy,mgly' ry//�a
d N,W e) As W d In 'aV'trot- [4
'•wilfully"anvil mean oim it _ A.D. 19---
the na°Por,a omit°an act°rega,commit
0)As used 'n this o linancce, let persons n.rd fnsfirUlions c
"knowlnhy"shall to have - x-
ruall oconstructive know end I the I Th -/ �; f ,
•sits o the s hlecl it A h•II t d distributeib-..l
ipaerso,has constructive knowledge f
[ teas nehle ins Ion u f Ih. ',lateral t f Ih the con .: c-
lmaniances yZi hay¢dI I I which proscribed r --- — —
nature of the subject In tt -a .ninar ha distribution, Notary Public
f the failure to Inspect f the I a top educational,he f r purpose r vpdinn [h Csclosure. ,•
f) Obscene defined.Whenever Win, erdical, or j,the i ue note It appears in this mnanca, the rein a °
.ore"obscene"shall hove the _ nfarcel end activities
;lowino meanly):whether to the xr other alike circumstances,her the
erasePerson, tying contemporary nature
cif(possession, aisnro°tion,
tandards,the dominant participation Is not related to the
theme of the material o'the conduct 'appeal t prurient interest;In addl-
taken ashe appeals it thepro- lion, nothing in this chapter shall
shalr erest.The toiler or the ury • nn,nl io a y trecognized historical
l be the sole trier of what is sirens society ly or museum,the state law lie
obscene. Prurient Interest shalt brosy,any o i a c'lv or town
shameful ormorbid Interest rosy,.
the slate library, Inc
In cenudity,sex,or cr Ilan,which oohe°c linrarv,any llbrary r f an
sunstanItialiv beyond customary archive orrlibr' under ole sup•rvi-
goes
1 dot description
presentation I such hers and and control of the state,[ou dy,
Is matter whic is utterly with• on
o other noliticai subdi-
ouf°redeeming .sal Importance. or vision, oar similar oraanixotion
f UI"Person'Eeflned.Whenever if 'notion of te sand class
appears In the ordinance,the ore SE['rION t.In the°alai.5 of the
hall not be limited to indi-
viduals Board a!Cammissloners, t ice,
viduals only but shall Include oubpr; pry
to the D a ,health end poi.
1 iho inhabllanis of sett Lake and eirlll,",,C 2rinclrshios linos,fa, Cilo}hat his clan•'beep"!eF
In�elo l°aPv V to•per glU Vsfd 1eSEC ton J.This
pf SECTION J.This ordinance Shall
shall apply asuahy to"the rmale rand take elect upon Its first bli[a}pn.
fe alp genderls. Stonerseof 5ein Leke cltr,iutulr,this
meth day of July,1910.
J.BRACKEN LEE,
HERMAN J.HOGENSEN, May0r,
Retarder.
Pubs shed Idlvf tiirj9%o In.le1
>f,