For the purposes of this article, the following words and phrases shall have the
meanings ascribed to them in this section:
Harmful to juveniles.
Harmful to juveniles means that quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
(a) Predominantly appeals to the
prurient, shameful or morbid interest of juveniles; and
(b) Is patently offensive to
prevailing standards in the adult community as a whole with respect to what is suitable
material for juveniles; and
(c) Taken as a whole, lacks serious
literary, artistic, political or scientific value for juveniles.
Juvenile. Juvenile means any person
under the age of eighteen (18) years.
Knowingly. Knowingly means 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 susceptible of examination by the defendant, and the age of
the juvenile; 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 juvenile.
Nudity. Nudity means a state of
undress so as to expose 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 or uncovered male genitals in a discernibly turgid state.
Sadomasochistic abuse.
Sadomasochistic abuse means actual or explicitly simulated flagellation or torture by or
upon a person who is nude or 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. Sexual conduct
means actual or explicitly simulated acts of masturbation, homosexuality, sexual
intercourse or physical contact, in an act of apparent sexual stimulation or
gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or, if
such person be a female, breasts.
Sexual excitement. Sexual
excitement means the condition of human male or female genitals when in a state of sexual
stimulation or arousal.