16-12-102. Definitions.

As used in this part, the term:

“Harmful to minors” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:#

1. (A)

   Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;#

2. (B)

   Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and#

3. (C)

   Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.#

“Knowingly” means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:#

1. (A)

   The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and#

2. (B)

   The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor.#

“Minor” means a person less than 18 years of age.#

“Sadomasochistic abuse” means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude.#

“Sexual conduct” means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is female, breasts.#

“Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.#

“Sexually explicit nudity” means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.#