As used in this chapter, the following terms shall have the meanings indicated:
HARMFUL TO MINORSThat quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:
A. The average adult person, applying contemporary community standards, would find that the material or performance has a predominant tendency to appeal to prurient interest in sex to minors; and
B. The average adult person, applying contemporary community standards, would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
C. The material or performance lacks serious literary, scientific, educational, artistic or political value for minors.
KNOWINGLYHaving knowledge of the character or content of the material or film described herein; or having failed to exercise reasonable inspection which would have disclosed its character and content.
MATERIALAny book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion-picture film, record, recording tape or videotape.
MINORAny person under the age of 18 years.
OBSCENE FILMAny motion picture or preview or trailer to a film, not including newsreels portraying actual current events or pictorial news of the day, in which a scene taken by itself depicts a specified anatomical area or specified sexual activity or the simulation of a specified sexual activity or verbalization concerning a specified sexual activity; and emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interest.
OBSCENE MATERIALAny description, narrative account, display or depiction of a specified anatomical area or specified sexual activity contained in or consisting of a picture or other representation, publication, sound recording, live performance or film which, by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
PERSONAny individual, partnership, association, corporation or other legal entity of any kind.
SPECIFIED ANATOMICAL AREALess than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITYHuman genitals in a state of sexual stimulation or arousal; any act of human masturbation, sexual intercourse or deviate sexual intercourse; or fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.