PART II. OFFENSES RELATED TO OBSCENITY
§712-1210 Definitions of terms in this part. In this part, unless a different meaning is required:
(1) "Community standards" means the standards of the State.
(2) "Disseminate" means to manufacture, issue, publish, sell, lend, distribute, transmit, exhibit, or present material or to offer or agree to do the same.
(3) "Material" means any printed matter, visual representation, or sound recording, and includes but is not limited to books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, drawings, sculptures, and tape or wire recordings.
(4) "Minor" means any person less than sixteen years old.
(5) "Performance" means any play, motion picture film, dance, or other exhibition performed before an audience.
(6) "Pornographic." Any material or performance is "pornographic" if all of the following coalesce:
(a) The average person, applying contemporary community standards would find that, taken as a whole, it appeals to the prurient interest.
(b) It depicts or describes sexual conduct in a patently offensive way.
(c) Taken as a whole, it lacks serious literary, artistic, political, or scientific merit.
(7) "Pornographic for minors." Any material or performance is "pornographic for minors" if:
(a) It is primarily devoted to explicit and detailed narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse; and:
(i) It is presented in such a manner that the average person applying contemporary community standards, would find that, taken as a whole, it appeals to a minor's prurient interest; and
(ii) Taken as a whole, it lacks serious literary, artistic, political, or scientific value; or
(b) It contains any photograph, drawing, or similar visual representation of any person of the age of puberty or older revealing such person with less than a fully opaque covering of his or her genitals and pubic area, or depicting such person in a state of sexual excitement or engaged in acts of sexual conduct or sadomasochistic abuse; and:
(i) It is presented in such a manner that the average person, applying contemporary community standards, would find that, taken as a whole, it appeals to a minor's prurient interest; and
(ii) Taken as a whole, it lacks serious literary, artistic, political, or scientific value.
(8) "Sexual conduct" means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion.
(9) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(10) "Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification. [L 1972, c 9, pt of §1; am L 1981, c 106, §1]