As used in this article, the following terms shall have the
meanings indicated:
HARMFUL TO MINORS
That quality of any description or representation, in whatever
form, or nudity, sexual conduct, sexual excitement of sadomasochist
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 material for minors.
C.
Is, when taken as a whole, lacking in serious literary, artistic,
political or scientific value for minors.
KNOWINGLY
Having a general knowledge of, or reason to know, or a belief
or grounds for belief which warrants further inspection or inquiry
or both:
A.
The character and content of any material described herein which
is reasonably susceptible to examination by the defendant; and
B.
The age of the minor; provided, however, than an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a reasonable, bona fide attempt to ascertain the true age of
such minor.
MINOR
A person less than 17 years of age.
SADOMASOCHISTIC ABUSE
Actual or explicitly simulated flagellation or torture by
or upon a person who is nude or clad in undergarments, a mask or bizarre
costume, or the condition of being fettered, bound or otherwise physically
restrained on the part of the one so clothed.
SEXUAL CONDUCT
Actual or explicitly simulated acts of masturbation, homosexuality,
sexual intercourse or physical contact in an act of apparent sexual
stimulation or gratification with a persons clothed or unclothed genitals,
pubic area, buttocks, or if such a female breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
SEXUALLY EXPLICIT NUDITY
A state of undress so as to expose the human male or female
genitals, pubic area, buttocks with less than a fully opaque covering
of any portion thereof below the top of the nipple, or the depiction
of covered or uncovered male genitals in a discernibly turgid state.
Nothing contained in this article shall be construed to apply
to:
A. The purchase, distribution, exhibition or loan of any work of art,
book, magazine or other printed or manuscript material by any accredited
museum, library, school or institution of higher learning.
B. The exhibition or performance of any play, drama, tableau or motion
picture by any theater, museum, school or institution of higher learning,
either supported by public appropriation or which is an accredited
institution supported by private funds.
C. Persons who may possess or distribute obscene matter or participate
in conduct otherwise prescribed by this article when such possession,
participation, distribution or conduct occurs in the course of law
enforcement activities or in the course of bona fide scientific, educational
or comparable research or study or like circumstances of justification.
Any person who violates any of the provisions of this article
shall be guilty of a violation and subject to a fine not to exceed
$250. Each day during any portion in which any violation of this article
is committed, permitted or continued shall constitute a separate offense.
Should any section or provision of this chapter be declared
by any court to be unconstitutional or invalid, such declaration shall
not affect the validity of this chapter as a whole or any part thereof,
other than the part so declared to be unconstitutional or invalid.