For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. Any commercial establishment offering sexually explicit material for sale.
KNOWINGLY. With knowledge of the content, nature and character of the material, but does not require knowledge that any material is sexually explicit.
MATERIAL. Any book, magazine, newspaper, pamphlet, handbill or similar printed or written matter; any drawing, picture, illustration, transparency, photograph, motion picture, film negative, film positive, videotape or similar representation or reproduction.
MINOR. A person under the age of 18 years.
NUDITY
.
The showing, in the context of sexual or erotic conduct or arousal, of the human male or female genitals, pubic area or anal area, with less than full opaque covering, or the showing of the female breasts with less than full opaque covering of any portion thereof below the top of the areola, or the depiction of covered or uncovered male genitals in a discernibly turgid state.
PUBLIC DISPLAY WITH RESPECT TO SEXUALLY EXPLICIT MATERIAL
.
Placing or making available that material in any public place so that minors may possess or handle any material and peruse, inspect or leaf through it.
SEXUALLY EXPLICIT MATERIAL
.
Any material which:
(1) The average person, applying contemporary community standards would find, when considered in the whole context in which it is used or presented appeals to the prurient interest in sex of minors;
(2) Depicts or describes ultimate sex acts, normal or perverted, actual or explicitly simulated; masturbation, excretory functions or direct physical stimulation of unclothed genitals or anal area; nudity; or acts of apparent or actual sexual stimulation or gratification; and/or
(3) When considered as a whole and in the context in which it is used or presented, lacks serious artistic, literary, political, educational or scientific value to minors. Material may be found to be explicit if the externally visible covers thereof meet the standards of this section or if the contents thereof meet the standards of this section.
(Prior Code, § 13-89)
Statutory reference:
Obscenity and material harmful to minors, see G.S. §§ 14-190.1 et seq.