Definitions. As used in this section, the following
terms shall have the meanings indicated:
HARMFUL TO MINORS
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse which, taken as a whole, appeals to the prurient interest in
sex; which, taken as a whole, portrays sexual conduct in a patently
offensive way; and which, taken as a whole, does not have serious
literary, artistic, political or scientific value. Whether a work
appeals to the prurient interest and whether it depicts or describes
sexual conduct in a patently offensive way and whether it has serious
literary, artistic, political or scientific value are to be determined
by applying contemporary community standards in the adult community
as a whole with respect to what is suitable material for minors.
KNOWINGLY
Having general knowledge of or reason to know or a belief
or grounds for belief which warrants further inspection or inquiry
of both:
(1)
The character and content of any material described
herein which is reasonably susceptible of examination by the defendant;
and
(2)
The age of the minor; provided, however, that
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.
KNOWLEDGE OF THE MINOR'S AGE
(1)
Knowledge or information that the person is
a minor; or
(2)
Reason to know or a belief or grounds for belief
which warrants further inspection or inquiry of the age of the minor.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area
or buttocks with less than a full opaque covering or the showing of
the female breast with less than a fully opaque covering of any portion
thereof below the top of the nipple or the depiction of covered male
genitals in a discernibly turgid state.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Acts of sexual intercourse between humans, normal or perverted,
actual or simulated, acts of masturbation, fellatio and cunnilingus
and acts of excretory function, lewd exhibition of the genitals especially
in a stimulated condition and sexual relations between humans and
animals.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.