As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
COMMUNITYFor the purpose of applying the contemporary community standards in this article, "community" means the state.
HARMFUL TO MINORSAs used in §
235-6, means that quality of any description or representation in whatever form of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
A. Predominantly appeals to the prurient, shameful or morbid interest of minors.
B. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable materials for minors.
C. Taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.
KNOWINGAs used in §
235-6, means having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry of the character and content of any material or performance described therein which is reasonably susceptible of examination by the person charged with violation of this article.
MATERIALAny literature, including any book, magazine, pamphlet, newspaper, bumper sticker, comic book or writing, any figure, visual representation or image, including any drawing, photograph, picture, videotape or motion picture.
MINORAny person under the age of 18 years.
NUDE/NUDITYThe showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.
OBSCENEAny material or performance, if:
A. The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
B. The subject matter depicts or describes in a patently offensive way sexual conduct of a type described in this article.
C. The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
PERFORMANCEAny play, dance or other live exhibition performed before an audience.
SADOMASOCHISTIC ABUSEIn a sexual context, flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or in a bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.
SEXUAL CONDUCTPatently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, anal or oral sodomy and sexual bestiality, and patently offense representations or descriptions of masturbation, excretory functions, sadomasochistic abuse and lewd exhibitions of the genitals.
SEXUAL EXCITEMENTThe condition of the human male or female genitals when in a state of sexual stimulation or arousal.
TRANSPORTATION FACILITYAny conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations.