[Amended 9-5-2017]
As used in this article, the following terms shall have the
meanings indicated:
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 contact 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 grounds for belief which warrants further inspection or inquiry
of both:
The character and content of any material described herein which
is reasonably susceptible of examination by the defendant; and
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a reasonably 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
portions 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, 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.
It shall be unlawful for any person knowingly to sell or loan
for monetary consideration to a minor:
A.
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.
B.
Any book, pamphlet, magazine or printed matter, however reproduced, or sound recording, which contains any matter enumerated in Subsection A 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.
