When used in this Article, the following terms shall have the
meanings set out herein:
FURNISH
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
MATERIAL
Anything printed or written, or any picture, drawing, photograph,
motion picture film, videotape or videotape production, or pictorial
representation, or any recording or transcription, or any mechanical,
chemical or electrical reproduction, or stored computer data, or anything
which is or may be used as a means of communication. "Material" includes
undeveloped photographs, molds, printing plates, stored computer data
and other latent representational objects.
MINOR
Any person under the age of eighteen (18).
NUDITY
The showing of the human genitals, pubic area, vulva, anus,
anal cleft or the female breast with less than a fully opaque covering
of any part of the nipple or areola.
OBSCENE
Any material or performance is obscene if, taken as a whole:
1.
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex;
2.
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
3.
A reasonable person would find the material lacks serious literary,
artistic, political or scientific value.
OPAQUE COVERING
Non-transparent clothing or other similar object or substance.
This term does not include body paint, body dyes, tattoos, liquid
latex, whether wet or dried, and other similar substances.
PERFORMANCE
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
PORNOGRAPHIC FOR MINORS
Any material or performance is pornographic for minors if
the following apply:
1.
The average person, applying contemporary community standards,
would find that the material or performance, taken as a whole, has
a tendency to cater or appeal to a prurient interest of minors;
2.
The material or performance depicts or describes nudity, sexual
conduct, sexual excitement or sadomasochistic abuse in a way which
is patently offensive to the average person applying contemporary
adult community standards with respect to what is suitable for minors;
and
3.
The material or performance, taken as a whole, lacks serious
literary, artistic, political or scientific value for minors.
PROMOTE
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, present, exhibit
or advertise, or to offer or agree to do the same, by any means including
a computer.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
SEXUAL CONDUCT
Actual or simulated, normal or perverted acts of human masturbation;
sexual intercourse; or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks, or the breast of a female
in an act of apparent sexual stimulation or gratification; or any
sadomasochistic abuse or acts including animals or any latent objects
in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
SEXUAL INTERCOURSE
Any penetration, however slight, of the female genitalia
by the penis, or any act involving the genitals of one person and
the hand, mouth, tongue, or anus of another person or a sexual act
involving the penetration, however slight, of the penis, female genitalia,
or the anus by a finger, instrument or object done for the purpose
of arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.