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City of Bellingham Municipal Code


Title 10 CRIMINAL CODE
Chapter 26 OFFENSES BY OR AGAINST JUVENILES

10.26.010 - DEFINITIONS

Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

A. Sexually explicit conduct means actual or simulated: (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals; (b) Penetration of the vagina or rectum by any object; (c) Masturbation; (d) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer; (e) Exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer; (f) Defecation or urination for the purpose of sexual stimulation of the viewer; and (g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

B. Minor means any person under 18 years of age.

C. Live performance means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.

D. Erotic materials means live performance:

1. Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and

2. Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct; and

3. Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.

[Ord. 10912 §13, 1997]

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