As used in this chapter, the following terms shall have the
meanings indicated:
EROTIC FONDLING
Touching a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person is a female, breast.
HARMFUL TO MINORS
That quality of any description or representation, in whatever
form, of a prohibited sexual act or sexually explicit nudity when
it predominantly appeals to the prurient, shameful or morbid interest
of minors; when it is patently offensive to prevailing standards in
the adult community as a whole with respect to what is suitable material
for minors; and when taken as a whole, it lacks serious literary,
artistic, educational, political or scientific value for minors.
MASTURBATION
The real or simulated touching, rubbing or otherwise stimulating
a person's own clothed or unclothed genitals, pubic area, buttocks
or, if the person is female, breast, either by manual manipulation
or with an artificial instrument.
MATERIAL
Anything tangible which is capable of being used or adapted
to arouse prurient, shameful or morbid interest, whether through reading,
observation, sound or any other manner. Material or a performance
is "obscene as to minors" if it depicts a prohibited sexual act or
sexually explicit nudity, and taken as a whole, it is harmful to minors.
MINOR
Any person less than 17 years old.
NUDE PERFORMANCE
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully 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 in any play, motion picture,
dance or other exhibition performed before an audience.
PROHIBITED SEXUAL ACT
Erotic fondling, nude performance, sexual excitement, sadomasochistic
abuse, masturbation or sexual intercourse.
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 EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
SEXUAL INTERCOURSE
Intercourse, real or simulated, whether genital-genital,
oral-genital, anal-genital or oral-anal, whether between persons of
the same or opposite sex, or between a human and an animal, or with
an artificial genital.
SEXUALLY EXPLICIT NUDITY
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portions thereof below the top of the nipple, or the depiction of
covered male genitals in a discernibly turgid state.
VISIBLY DISPLAYED
That the material or performance is visible on a billboard,
viewing screen, marquee, newsstand, display rack, window, showcase,
display case or other similar display area that is visible from any
part of the premises where a minor is or may be allowed or permitted
or invited, as part of the general public or otherwise, or that is
visible from a public street, sidewalk, park, alley, residence, playground,
school or other place to which minors have unrestrained and a reasonably
anticipated access and presence.
A person is guilty under this chapter of displaying harmful
matter to minors when, having control or supervision of any business
or commercial establishment or premises, with knowledge of the content
and character of the material involved, he intentionally or recklessly
does any of the following.
A. Visibly displays, exhibits or otherwise exposes to view, in that
part of the premises, or immediately adjacent thereto, where a minor
is or may be allowed, permitted or invited, as part of the general
public or otherwise, all or any part of any material which is either
of the following.
(1) Obscene as to minors, when taken as a whole; or
(2) Contains on its cover, package, wrapping or within the advertisement
therefor depictions or photographs of sexually explicit nudity or
a prohibited sexual act.
B. Hires, employs or otherwise places, supervises, controls or allows
in any business or commercial establishment or other place any minor
under circumstances which would cause, lead or allow such minor to
engage in the business or activity of promoting or otherwise handling
such material.
Violation of this chapter shall be punished by a fine of $100
for each separate item of material which is displayed in violation
of this chapter. Each day that any violations of this chapter occur,
or continue to occur, shall constitute separate offenses and shall
be punishable as a separate violation or violations.