Section 235.00. Obscenity; definitions of terms

The  following  definitions  are applicable to sections 235.05, 235.10
  and 235.15:
    1. "Obscene." Any material or performance  is  "obscene"  if  (a)  the
  average  person,  applying  contemporary community standards, would find
  that considered as a whole, its predominant appeal is  to  the  prurient
  interest in sex, and (b) it depicts or describes in a patently offensive
  manner,  actual  or  simulated: sexual intercourse, criminal sexual act,
  sexual bestiality, masturbation, sadism, masochism,  excretion  or  lewd
  exhibition  of  the  genitals,  and  (c) considered as a whole, it lacks
  serious literary, artistic, political, and scientific value. Predominant
  appeal shall be judged with  reference  to  ordinary  adults  unless  it
  appears  from  the character of the material or the circumstances of its
  dissemination to be designed for children or other specially susceptible
  audience.
    2. "Material" means anything tangible which is capable of  being  used
  or  adapted  to  arouse interest, whether through the medium of reading,
  observation, sound or in any other manner.
    3. "Performance" means  any  play,  motion  picture,  dance  or  other
  exhibition performed before an audience.
    4.  "Promote"  means to manufacture, issue, sell, give, provide, lend,
  mail, deliver,  transfer,  transmute,  publish,  distribute,  circulate,
  disseminate,  present,  exhibit or advertise, or to offer or agree to do
  the same.
    5. "Wholesale promote" means to  manufacture,  issue,  sell,  provide,
  mail,  deliver,  transfer,  transmute,  publish,  distribute, circulate,
  disseminate or to offer or agree to do the same for purposes of resale.
    6. "Simulated" means the explicit depiction or description of  any  of
  the  types of conduct set forth in clause (b) of subdivision one of this
  section, which creates the appearance of such conduct.
    7. " Criminal sexual act" means any of the  types  of  sexual  conduct
  defined  in subdivision two of section 130.00 provided, however, that in
  any prosecution under this article the marital  status  of  the  persons
  engaged in such conduct shall be irrelevant and shall not be considered.