Section 5-68-501 - DefinitionsAs used in this subchapter:
(1) "CD-ROM" means a compact disk that: (A) Has the capacity to store graphic, audio, video, and written material; and(B) May be used by a computer or other device to play or display material harmful to minors;(2) "Harmful to minors" means 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:(A) 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;(B) 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(C) The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors;(3) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief that warrants further inspection or inquiry of both: (A) The character and content of any material described in this section that is reasonably susceptible to examination by the defendant; and(B)(i) The age of the minor.(ii) However, an honest mistake constitutes an excuse from liability under this section if the defendant made a reasonable bona fide attempt to ascertain the age of the minor;(4) "Magnetic disk memory" means a memory system that stores and retrieves binary data on a record-like metal or plastic disk coated with a magnetic material, including, but not limited to, a hard disk drive and a floppy diskette;(5) "Magnetic tape memory" means a memory system that stores and retrieves binary data on magnetic recording tape;(6)(A) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture, film, record, recording tape, CD-ROM disk, magnetic disk memory, magnetic tape memory, video tape, or other media.(B) However, "material" does not include a matter displayed, transmitted, retrieved, or stored on the Internet or other network for the electronic dissemination of information;(7) "Minor" means any person under eighteen (18) years of age;(8) "Nudity" means a:(A) Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;(B) Showing of the female breast with less than a fully 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;(9)(A) "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 (1) or more, with or without consideration.(B) However, "performance" does not include a matter displayed, transmitted, retrieved, or stored on the Internet or other network for electronic dissemination of information;(10) "Person" means any individual, partnership, association, corporation, or other legal entity of any kind;(11) "Reasonable bona fide attempt" means an attempt to ascertain the true age of a minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and not relying solely on an oral allegation or apparent age of the minor;(12) "Sadomasochistic abuse" means 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 a person so clothed;(13) "Sexual conduct" means an act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or female breast; and(14) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.Acts 1969, No. 133, § 1; A.S.A. 1947, § 41-3581; Acts 1999, No. 1263, § 1.