Material or live conduct is obscene if: (1) The average person applying contemporary community standards would find the material or conduct, taken as a whole, appeals to the prurient interests; and (2) The material depicts or describes or the live conduct portrays: a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or b. Patently offensive representations or descriptions of masturbation, excretory functions, and/or lewd exhibitions of the genitals; and (3) The work or conduct taken as a whole lacks serious literary, artistic, political or scientific value.
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