The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. A reasonable bona fide attempt means an attempt to ascertain the true age of the 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 the oral allegations or apparent age of the minor.
B. CD-ROM means a compact disk with read only memory which has the capacity to store audio, video, and written materials and may be used by a computer to play or display materials harmful to minors.
C. 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:
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;
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.
D. 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:
1. The character and content of any material or performance which is reasonably susceptible of examination by the defendant; and
2. The age of the minor. However, an honest mistake shall constitute an excuse from liability pursuant to this division if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
E. Magnetic disk memory means a memory system that stores and retrieves binary data on record-like metal or plastic disks coated with a magnetic material, including, but not limited to, floppy diskettes.
F. Magnetic tape memory means a memory system that stores and retrieves binary data on magnetic recording tape.
G. 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, or video tape.
H. Minor means any unmarried person under the age of eighteen (18) years.
I. Nudity means the:
1. Showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering;
2. Showing of the female breast with less than a full opaque covering or any portion of the female breast below the top of the nipple; or
3. Depiction of covered male genitals in a discernibly turgid state.
J. 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.
K. Person means any individual, partnership, association, corporation, or other legal entity of any kind.
L. 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 (1) so clothed or naked.
M. Sexual conduct means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or if such person be a female, breast.
N. Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(Code 1991, § 10-409)
Cross reference- Definitions generally, § 1-2.
State Law reference- Similar provisions, 21 O.S. § 1040.75.