Res 1892 12/7/1976RESOLUTION NO. /9a/
RESOLUTION ADOPTING POLICY STATEMENT ON DISPLAY
OF OBSCENE MATERIAL.
WHEREAS, Section 43. 22 of the Texas Penal Code makes
it a Class C misdemeanor for a person to intentionally
or knowingly display or distribute obscene material and
is reckless about whether a person is present who will
be offended or alarmed by the display or distribution;
and,
WHEREAS , the Board of Aldermen desires to adopt
a policy to be followed by the City Attorney' s Office
and by the Police Department in filing complaints against
and prosecuting persons considered in violation of such
Section 43. 22.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDER-
MEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain Policy On Display Of Obscene Material,
a copy of which is attached hereto, is hereby adopted,
and shall be followed by the City Attorney' s Office and
by the Police Department of Wichita Falls in filing com-
plaints against and prosecuting persons considered in
violation of Section 43. 22 of the Texas Penal Code.
PASSED AND APPROVED this the 7th day of December,
1976.
A
A Y O
v
ATTEST:
City Clerk
POLICY ON DISPLAY OF OBSCENE MATERIAL
The following policy shall be followed by the City Attorney's Office and by the Police
Department in filing complaints against and prosecuting persons considered in vio-
lation of Section 43.22 of the Texas Penal Code. Section 43.22 of Texas Penal Code
prohibits a person from intentionally or knowingly displaying obscene material and
being reckless about whether a person is present who will be offended or alarmed
by the display.
Material" means a book, magazine or newspaper; or a picture or other pictorial
representations.
Obscene Material" means any material which shows:
a) Human male or female genitals, buttocks or pubic area with less
than a fully opaque covering, or covered male genitals in a dis-
cernibly turgid state.
b) Any portion of the female breast at or below the areola.
c) Persons engaged in sexual intercourse, or in such position that
gives the appearance of being engaged in sexual intercourse.
d) Persons engaged in other sexual contact, same being the touching,
with the hands or other part of the body, of the genitals or buttocks
of another person or the breast of a female.
Such material shall not be considered obscene if its dominant theme does not appeal
to the prurient interest in sex, nudity or excretion, or, if it has redeeming social
value.
A person is reckless about whether a person is present who will be offended or alarmed
by the display, if he openly displays such material to persons entering his place of busi-
ness or a separate area of the place of business enclosed by walls and doors who have
not been warned before entering, by prominent signs, that material depicting nudity or
sexual conduct is on display inside. The dealer may avoid this if such materials are
displayed as follows:
1. All such materials may be displayed on open shelves with paper
blinders, wrappers or boxes so that only the title of the material
shall be visible. Or all such material may be displayed on shelves
or racks which are so constructed so that only the title of the mater-
ial may be visible.
2. All such material shall be displayed with a tape or tab locking the
material closed or a completely sealed wrapper so that its con-
tents may not be viewed at the place of business displaying such
material.
This policy pertains only to prosecutions under Section 43.22, and not to prosecutions
under 43.23 and 43.24 of the Texas Penal Code. Nothing contained herein is intended
to be used in defense of any charged violation of-Sections 43.23 or 43.24 of the Texas
Penal Code.
After adoption of this policy, all known places of business displaying such material will
be provided with a copy of this policy. Enforcement will begin thirty (30) days after
adoption of the policy.