For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTE. To transfer possession of, whether with or without consideration.
EXHIBIT or EXHIBITION. To show.
HARMFUL TO MINORS. Material or a live performance that:
(1) The average person applying contemporary community standards would find, taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretion;
(2) The average person, applying contemporary community standards would find depicts, describes or represents, in a patently offensive way with respect to what is suitable for minors, ultimate sexual acts, normal or perverted, actual or simulated, sado-masochistic sexual acts or abuse or lewd or lascivious exhibition of the genitals, pubic area, buttocks or post pubertal female breast; and
(3) A reasonable person would find, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
LIVE PERFORMANCE. Any play, show, skit, dance or other exhibition played or performed before an audience of one or more, with or without consideration.
KNOWINGLY. Being aware of the age of a minor or being aware of the character of the material.
MATERIAL. Any communication, picture, image, graphic image file, article, message, recording, writing, CD ROM, laser disk, computer floppy disk, computer software or other matter of any kind.
MINOR. An unmarried person under 18 years of age.
NEGLIGENTLY. Consciously disregarding a risk or existence of circumstances of which a person should be aware to the degree that the risk deviates from the conduct of a reasonable person concerning:
(1) The character of the material or live performance that is reasonably susceptible to examination; and
(2) The age of the minor. However, an honest mistake will constitute an excuse from liability if the defendant made a reasonable bona fide attempt to ascertain the true age of the minor.
PERSON. Any individual, partnership, association, corporation or other legal entity of any kind.
PRURIENT INTEREST IN NUDITY, SEX OR EXCRETION. A shameful, morbid, lascivious or unhealthy lustful interest in nudity, sex or excretion.
REASONABLE BONA FIDE ATTEMPT. An attempt to ascertain the true age of the minor by requiring production of a driver’s license, marriage license, birth certificate or a governmental or educational identification card or paper rather than relying solely on the oral allegations or apparent age of the minor.
(1992 Code, § 8-2-101)