When used in this Article, the following terms shall have the
meanings set out herein:
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
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.
Any person under the age of eighteen (18).
The showing of post-pubertal human genitals or pubic area
with less than a fully opaque covering.
Any material or performance is obscene if, taken as a whole:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex;
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
A reasonable person would find the material lacks serious literary,
artistic, political or scientific value.
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any material or performance is pornographic for minors if
the following apply:
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;
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
The material or performance, taken as a whole, lacks serious
literary, artistic, political or scientific value for minors.
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.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
Actual or simulated, normal or perverted acts of human masturbation;
deviate sexual intercourse; 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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
A person commits the offense of promoting pornography for minors
or obscenity if, knowing its content or character, he/she:
1.
Promotes or possesses with the purpose to promote any obscene materials
for pecuniary gain;
2.
Produces, presents, directs or participates in any obscene performance
for pecuniary gain;
3.
Promotes or possesses with the purpose to promote any material pornographic
for minors for pecuniary gain;
4.
Produces, presents, directs or participates in any performance pornographic
for minors for pecuniary gain; or
5.
Promotes, possesses with the purpose to promote, produces, presents,
directs or participates in any performance that is pornographic for
minors via computer, electronic transfer, Internet or computer network
if the person made the matter available to a specific individual known
by the defendant to be a minor.[1]
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A person commits the offense of furnishing pornographic material
to minors if, knowing its content and character, he/she:
1.
Furnishes any material pornographic for minors knowing that the person
to whom it is furnished is a minor or acting in reckless disregard
of the likelihood that such person is a minor;
2.
Produces, presents, directs or participates in any performance pornographic
for minors that is furnished to a minor knowing that any person viewing
such performance is a minor or acting in reckless disregard of the
likelihood that a minor is viewing the performance; or
3.
Furnishes, produces, presents, directs, participates in any performance
or otherwise makes available material that is pornographic for minors
via computer, electronic transfer, Internet or computer network if
the person made the matter available to a specific individual known
by the defendant to be a minor.
