As used in Sections 1040.75 through 1040.77 of this title: 1. "Minor" means any person under the age of eighteen (18) years; 2. "Harmful to minors" means: a. that 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: (1) the average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors, and (2) the average person eighteen (18) years of age or older 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 (3) the material or performance lacks serious literary, scientific, medical, artistic, or political value for minors, or b. any description, exhibition, presentation or representation, in whatever form, of inappropriate violence; 3. "Inappropriate violence" means any description or representation, in an interactive video game or computer software, of violence which, taken as a whole, has the following characteristics: a. the average person eighteen (18) years of age or older applying contemporary community standards would find that the interactive video game or computer software is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and b. the interactive video game or computer software lacks serious literary, scientific, medical, artistic, or political value for minors based on, but not limited to, the following criteria: (1) is glamorized or gratuitous, (2) is graphic violence used to shock or stimulate, (3) is graphic violence that is not contextually relevant to the material, (4) is so pervasive that it serves as the thread holding the plot of the material together, (5) trivializes the serious nature of realistic violence, (6) does not demonstrate the consequences or effects of realistic violence, (7) uses brutal weapons designed to inflict the maximum amount of pain and damage, (8) endorses or glorifies torture or excessive weaponry, or (9) depicts lead characters who resort to violence freely; 4. "Nudity" means the: a. showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, b. showing of the female breast with less than a full opaque covering of any portion of the female breast below the top of the nipple, or c. depiction of covered male genitals in a discernibly turgid state; 5. "Sexual conduct" means sexual intercourse, physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast, or fellatio, cunnilingus, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, or depictions or descriptions of sexual bestiality, sadomasochism, masturbation, or excretory functions; 6. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal; 7. "Sadomasochistic abuse" means flagellation or torture by or upon a person clothed or naked or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed or naked; 8. "Material" means anything tangible that is capable of being used or adapted to arouse prurient interest, whether through the medium of reading, observation, sound, or in any other manner including, but not limited to, anything printed or written, any book, magazine, newspaper, pamphlet, picture, drawing, pictorial representation, motion picture, photograph, video tape, video disk, film, transparency, slide, audiotape, audio disk, computer tape, video game, or any other medium used to electronically produce or reproduce images on a screen, or any mechanical, chemical, or electronic reproduction. Material includes undeveloped photographs, molds, printing plates, and other latent representational objects whether or not processing or other acts are required to make the content of the material apparent; 9. "Performance" means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration; 10. "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: a. the character and content of any material or performance which is reasonably susceptible of examination by the defendant, and b. the age of the minor. However, an honest mistake, shall constitute an excuse from liability pursuant to this act if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor; 11. "Person" means any individual, partnership, association, corporation, or other legal entity of any kind; and 12. "A reasonable bona fide attempt" means an attempt to ascertain the true age of the minor by requiring production of a driver license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor. Added by Laws 1992, c. 7, § 1. Amended by Laws 1995, c. 66, § 1, eff. July 1, 1995; Laws 2001, c. 387, § 1, eff. July 1, 2001; Laws 2006, c. 321, § 2, eff. Nov. 1, 2006; Laws 2024, c. 152, § 1, eff. Nov. 1, 2024.
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