For the purposes of this chapter, the following words shall have the following meanings:
To import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.
Is obscene or, if taken as a whole, it:
Describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors.
Is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors.
Lacks serious literary, artistic, political or scientific value for minors.
A general awareness of the character of the matter.
A state of mind in which the sexual gratification or arousal of any person is an objective. For the purposes of prosecution under this chapter, proof of lascivious intent may include but shall not be limited to the following:
Whether the circumstances include sexual behavior, sexual relations, infamous conduct of a lustful or obscene nature, deviation from accepted customs and manners or sexually oriented displays.
Whether the focal point of a visual depiction is the child's genitalia, pubic area or breast area of a female child.
Whether the setting or pose of a visual depiction is generally associated with sexual activity.
Whether the child is depicted in an unnatural pose or inappropriate attire, considering the child's age.
Whether the depiction denotes sexual suggestiveness or a willingness to engage in sexual activity.
Whether the depiction is of a child engaging in or being engaged in sexual conduct, including but not limited to sexual intercourse, unnatural sexual intercourse, bestiality, masturbation, sadomasochistic behavior, or lewd exhibition of the genitals.
Any printed material, visual representation, live performance or sound recording, including but not limited to books, magazines, motion-picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances.
A person under 18 years of age.
Uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola or the covered male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple or areola only is covered.
If taken as a whole, matter:
Any play, dance, exhibit or such similar activity performed before one or more persons.
Human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship, any lewd touching of the genitals, pubic areas or buttocks of the human male or female, or the breast of the female, whether alone or between members of the same or opposite sex or between humans and animals, any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.
The condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
Material(s) as used in reference to adult retail businesses or adult theaters or to special permits issued to operate them means visual or audio materials such as posters, pictures, books, book jackets or covers, magazines, videotape boxes or covers, photographs, films, graphic matter or any similar printed or recorded matter which depicts nudity, sexual conduct or sexual excitement as these terms are defined in MGL c. 272, § 31.
Any motion-picture film, picture, photograph, videotape, any book, magazine or pamphlet that contains pictures, photographs or similar visual representations or reproductions. Undeveloped photographs, pictures, motion-picture films, videotapes and similar visual representations or reproductions may be visual materials, notwithstanding that processing, development or similar acts may be required to make the contents thereof apparent.