A.Â
HARMFUL TO MINORS
KNOWINGLY
(1)Â
(2)Â
KNOWLEDGE OF THE MINOR'S AGE
MINOR
NUDITY
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SEXUAL EXCITEMENT
Definitions. For the purpose of this section, the
following definitions shall apply:
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.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of, both:
The character and content of any material described
herein which is reasonably suspect under this section; and
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.
Any person under the age of 18 years.
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.
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.
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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
B.Â
It shall be unlawful for any person knowingly to exhibit
for a monetary consideration to a minor or knowingly to sell to a
minor an admission ticket or pass or knowingly to admit a minor for
a monetary consideration to premises whereon there is exhibited a
motion picture, show or other presentation which in whole or in part
depicts nudity, sexual conduct or sadomasochistic abuse and which
is harmful to minors, unless such minor is accompanied by his parent
or legal guardian.
C.Â
It shall be unlawful for any person knowingly to sell
or loan for monetary consideration to a minor:
(1)Â
Any picture, photograph, drawing, sculpture, motion-picture
film or similar visual representation or image of a person or portion
of the human body which depicts nudity, sexual conduct or sadomasochistic
abuse and which is harmful to minors.
(2)Â
Any book, pamphlet, magazine, printed matter, however produced, or sound recording which contains any material enumerated in Subsection C(1) hereof or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.