A Discernible Turgid State

Below are excerpts from "Chapter 8-8 Public Morals" of the Chicago Code of Ordinances.

8-8-70 Indecent acts and words.
Any person who shall commit any indecent, lewd, or filthy act in any public place in the city; who shall utter any lewd or filthy words, sing any song the words of which are suggestive of indecency or immorality, or use any threatening or abusive language in the hearing of other persons; who shall make any obscene gesture in the presence of other persons; or, who shall make any overture of lewdness, tending to pervert the morals of any person, upon or in the public ways or other public places or in any public conveyance in the city, is hereby declared to be a common nuisance and shall be fined not to exceed $200.00 for each offense.

8-8-80 Indecent exposure or dress.
Any person who shall appear, bathe, sunbathe, walk or be in any public park, playground, beach or the waters adjacent thereto, or any school facility and the area adjacent thereto, or any municipal building and the areas adjacent thereto, or any public way within the City of Chicago in such a manner that the genitals, vulva, pubis, pubic hair, buttocks, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering, shall be fined not less than $20.00 nor more than $500.00 for each offense.

8-8-110 Material harmful to minors unlawful.
A. For the purposes of this section the following words shall be defined as follows:

(a) "Minor" means any person under the age of 18 years.

(b) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.

(c) "Sexual conduct" includes any of the following depicted sexual conduct:

(i) Any act of sexual intercourse, actual or simulated, including genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;

(ii) Sadomasochistic 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 restricted on the part of one so clothed;

(iii) Masturbation or lewd exhibitions of the genitals including any explicit, closeup representation of a human genital organ;

(iv) 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;

(v) An act of sexual assault where physical violence or drugs are employed to overcome the will of or achieve the consent of a person to an act of sexual conduct and the effects or results of the violence or drugs are shown.

(d) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal;

(e) "Harmful to minors" means that quality of any description or representation in whatever form, or nudity, sexual conduct, or sexual excitement, when it:

(i) Predominantly appeals to the prurient, shameful, or morbid interest of minors in sex; and

(ii) Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and

(iii) Taken as a whole, lacks serious literary, artistic, political or scientific value.

(f) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both.

B. It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor any written, photographic, printed, sound, published material or videotape, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sexual excitement and which is harmful to minors.

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Copyrightę 2003 by Tina O'Brien.

Photos: chicagopride.com.

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