A matter or performance is obscene for purposes of this article if:

1. (1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;
2. (2) the matter or performance depicts or describes, in a patently offensive way, sexual conduct; and
3. (3) the matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.

As added by P.L.311-1983, SEC.33.