46.4401 Definitions.

Cite as [A.S.C.A. § 46.4401]

As used in this chapter:

(a) "Displays publicly" means exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others.

(b) "Explicit sexual material" means any pictorial or three dimensional material depicting sexual conduct, unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; provided, however, that works of art or of anthropological significance are not considered within the foregoing definition.

(c) "Furnish" means to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.

(d) "Material" means anything printed or written, or any picture, drawing, photograph, motion picture film, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates and other latent representational objects.

(e) "Minor" means any person under the age of 18 years.

(f) "Nudity" means the showing of postpubertal human genitals or pubic area, with less than a fully opaque covering.

(g) 'Performance" means any play, motion picture film, dance or exhibition performed before an audience.

(h) Pornographic: any material or performance is "pornographic" if, considered as a whole, applying contemporary community standards:

(1) its predominant appeal is to prurient interest in sex;

(2) it depicts or describes sexual conduct in a patently offensive way; and

(3) it lacks serious literary, artistic, political or scientific value.

In determining whether any material or performance is pornographic, it is judged with reference to its impact upon ordinary adults.

(i) Pornographic for minors: any material or performance is pornographic for minors if it is primarily devoted to description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, and:

(1) its predominant appeal is to prurient interest in sex;

(2) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(3) it lacks serious literary, artistic, political, or scientific value for minors.

(j) "Promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do those.

(k) "Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

(l) "Sexual conduct" has the meaning specified in subsection (d) of 46.3701.

(m) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or gratification.

(n) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, or to offer or agree to do those for purposes of resale.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 573.010, 15 ASC 371.