§ 14‑190.13. Definitions for certain offenses concerning minors.
The following definitionsapply to G.S. 14‑190.14, displaying material harmful to minors; G.S. 14‑190.15,disseminating or exhibiting to minors harmful material or performances; G.S. 14‑190.16,first degree sexual exploitation of a minor; G.S. 14‑190.17, seconddegree sexual exploitation of a minor; G.S. 14‑190.17A, third degreesexual exploitation of a minor; G.S. 14‑190.18, promoting prostitution ofa minor; G.S. 14‑190.19, participating in prostitution of a minor.
(1) Harmful to Minors. That quality of any material or performance that depicts sexually explicitnudity or sexual activity and that, taken as a whole, has the followingcharacteristics:
a. The average adultperson applying contemporary community standards would find that the materialor performance has a predominant tendency to appeal to a prurient interest ofminors in sex; and
b. The average adultperson applying contemporary community standards would find that the depictionof sexually explicit nudity or sexual activity in the material or performanceis patently offensive to prevailing standards in the adult community concerningwhat is suitable for minors; and
c. The material orperformance lacks serious literary, artistic, political, or scientific valuefor minors.
(2) Material. Pictures,drawings, video recordings, films or other visual depictions or representationsbut not material consisting entirely of written words.
(3) Minor. Anindividual who is less than 18 years old and is not married or judiciallyemancipated.
(4) Prostitution. Engagingor offering to engage in sexual activity with or for another in exchange foranything of value.
(5) Sexual Activity. Anyof the following acts:
a. Masturbation,whether done alone or with another human or an animal.
b. Vaginal, anal, ororal intercourse, whether done with another human or with an animal.
c. Touching, in an actof apparent sexual stimulation or sexual abuse, of the clothed or unclothedgenitals, pubic area, or buttocks of another person or the clothed or unclothedbreasts of a human female.
d. An act or conditionthat depicts torture, physical restraint by being fettered or bound, orflagellation of or by a person clad in undergarments or in revealing or bizarrecostume.
e. Excretory functions;provided, however, that this sub‑subdivision shall not apply to G.S. 14‑190.17A.
f. The insertion ofany part of a person's body, other than the male sexual organ, or of any objectinto another person's anus or vagina, except when done as part of a recognizedmedical procedure.
g. The lasciviousexhibition of the genitals or pubic area of any person.
(6) Sexually ExplicitNudity. The showing of:
a. Uncovered, or lessthan opaquely covered, human genitals, pubic area, or buttocks, or the nippleor any portion of the areola of the human female breast, except as provided inG.S. 14‑190.9(b); or
b. Covered human malegenitals in a discernibly turgid state. (1985, c. 703, s. 9; 1989 (Reg. Sess., 1990), c.1022, s. 2; 1993, c. 301, s. 2; 2008‑218, s. 1.)
§ 14‑190.13. Definitions for certain offenses concerning minors.
The following definitionsapply to G.S. 14‑190.14, displaying material harmful to minors; G.S. 14‑190.15,disseminating or exhibiting to minors harmful material or performances; G.S. 14‑190.16,first degree sexual exploitation of a minor; G.S. 14‑190.17, seconddegree sexual exploitation of a minor; G.S. 14‑190.17A, third degreesexual exploitation of a minor; G.S. 14‑190.18, promoting prostitution ofa minor; G.S. 14‑190.19, participating in prostitution of a minor.
(1) Harmful to Minors. That quality of any material or performance that depicts sexually explicitnudity or sexual activity and that, taken as a whole, has the followingcharacteristics:
a. The average adultperson applying contemporary community standards would find that the materialor performance has a predominant tendency to appeal to a prurient interest ofminors in sex; and
b. The average adultperson applying contemporary community standards would find that the depictionof sexually explicit nudity or sexual activity in the material or performanceis patently offensive to prevailing standards in the adult community concerningwhat is suitable for minors; and
c. The material orperformance lacks serious literary, artistic, political, or scientific valuefor minors.
(2) Material. Pictures,drawings, video recordings, films or other visual depictions or representationsbut not material consisting entirely of written words.
(3) Minor. Anindividual who is less than 18 years old and is not married or judiciallyemancipated.
(4) Prostitution. Engagingor offering to engage in sexual activity with or for another in exchange foranything of value.
(5) Sexual Activity. Anyof the following acts:
a. Masturbation,whether done alone or with another human or an animal.
b. Vaginal, anal, ororal intercourse, whether done with another human or with an animal.
c. Touching, in an actof apparent sexual stimulation or sexual abuse, of the clothed or unclothedgenitals, pubic area, or buttocks of another person or the clothed or unclothedbreasts of a human female.
d. An act or conditionthat depicts torture, physical restraint by being fettered or bound, orflagellation of or by a person clad in undergarments or in revealing or bizarrecostume.
e. Excretory functions;provided, however, that this sub‑subdivision shall not apply to G.S. 14‑190.17A.
f. The insertion ofany part of a person's body, other than the male sexual organ, or of any objectinto another person's anus or vagina, except when done as part of a recognizedmedical procedure.
g. The lasciviousexhibition of the genitals or pubic area of any person.
(6) Sexually ExplicitNudity. The showing of:
a. Uncovered, or lessthan opaquely covered, human genitals, pubic area, or buttocks, or the nippleor any portion of the areola of the human female breast, except as provided inG.S. 14‑190.9(b); or
b. Covered human malegenitals in a discernibly turgid state. (1985, c. 703, s. 9; 1989 (Reg. Sess., 1990), c.1022, s. 2; 1993, c. 301, s. 2; 2008‑218, s. 1.)
§ 14‑190.13. Definitions for certain offenses concerning minors.
The following definitionsapply to G.S. 14‑190.14, displaying material harmful to minors; G.S. 14‑190.15,disseminating or exhibiting to minors harmful material or performances; G.S. 14‑190.16,first degree sexual exploitation of a minor; G.S. 14‑190.17, seconddegree sexual exploitation of a minor; G.S. 14‑190.17A, third degreesexual exploitation of a minor; G.S. 14‑190.18, promoting prostitution ofa minor; G.S. 14‑190.19, participating in prostitution of a minor.
(1) Harmful to Minors. That quality of any material or performance that depicts sexually explicitnudity or sexual activity and that, taken as a whole, has the followingcharacteristics:
a. The average adultperson applying contemporary community standards would find that the materialor performance has a predominant tendency to appeal to a prurient interest ofminors in sex; and
b. The average adultperson applying contemporary community standards would find that the depictionof sexually explicit nudity or sexual activity in the material or performanceis patently offensive to prevailing standards in the adult community concerningwhat is suitable for minors; and
c. The material orperformance lacks serious literary, artistic, political, or scientific valuefor minors.
(2) Material. Pictures,drawings, video recordings, films or other visual depictions or representationsbut not material consisting entirely of written words.
(3) Minor. Anindividual who is less than 18 years old and is not married or judiciallyemancipated.
(4) Prostitution. Engagingor offering to engage in sexual activity with or for another in exchange foranything of value.
(5) Sexual Activity. Anyof the following acts:
a. Masturbation,whether done alone or with another human or an animal.
b. Vaginal, anal, ororal intercourse, whether done with another human or with an animal.
c. Touching, in an actof apparent sexual stimulation or sexual abuse, of the clothed or unclothedgenitals, pubic area, or buttocks of another person or the clothed or unclothedbreasts of a human female.
d. An act or conditionthat depicts torture, physical restraint by being fettered or bound, orflagellation of or by a person clad in undergarments or in revealing or bizarrecostume.
e. Excretory functions;provided, however, that this sub‑subdivision shall not apply to G.S. 14‑190.17A.
f. The insertion ofany part of a person's body, other than the male sexual organ, or of any objectinto another person's anus or vagina, except when done as part of a recognizedmedical procedure.
g. The lasciviousexhibition of the genitals or pubic area of any person.
(6) Sexually ExplicitNudity. The showing of:
a. Uncovered, or lessthan opaquely covered, human genitals, pubic area, or buttocks, or the nippleor any portion of the areola of the human female breast, except as provided inG.S. 14‑190.9(b); or
b. Covered human malegenitals in a discernibly turgid state. (1985, c. 703, s. 9; 1989 (Reg. Sess., 1990), c.1022, s. 2; 1993, c. 301, s. 2; 2008‑218, s. 1.)
