State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_19 > GS_19-12

§19‑12.  Definitions.

As used within this Article,the following definitions shall apply:

(1)        "HarmfulMaterial".–

a.         Any picture,photograph, drawing, or similar visual representation or image of a person orportion of the human body which depicts nudity, sexual conduct orsadomasochistic abuse, and which is harmful to minors, or

b.         Any book, pamphlet,magazine, or printed matter however reproduced which contains any matterenumerated in subparagraph a of this subdivision or which contains explicit ordetailed verbal descriptions or accounts of sexual excitement, sexual conductor sadomasochistic abuse, and which, taken as a whole, is harmful to minors.

(2)        "Harmful tominors". – That quality of any description or representation, in whateverform, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse,when it:

a.         Predominantlyappeals to the prurient, shameful or morbid interest of minors, and

b.         Is patentlyoffensive to prevailing standards in the adult community as a whole withrespect to what is suitable materials for minors, and

c.         Is utterly withoutredeeming social importance for minors.

(3)        "Knowledge ofthe Minor's Age".–

a.         Knowledge orinformation that the person is a minor, or

b.         Reason to know, or abelief or ground for belief which warrants further inspection or inquiry as to,the age of  the minor.

(4)        "Knowledge ofthe Nature of the Material".–

a.         Knowledge of thecharacter and content of any material described herein, or

b.         Knowledge orinformation that the material described herein has been adjudged to be harmfulto minors in a proceeding instituted pursuant to this Article, or is thesubject of a pending proceeding instituted pursuant to this Article.

(5)        "Minor".–Anyperson under the age of 18 years.

(6)        "Nudity".–Theshowing of the human male or female genitals, pubic area or buttocks with lessthan a full opaque covering, or the showing of the female breast with less thana full opaque covering of any portion thereof below the top of the nipple, orthe depiction of covered male genitals in a discernibly turgid state.

(7)        "Person".–Anyindividual, partnership, firm, association, corporation or other legal entity.

(8)        "Sadomasochisticabuse".–Flagellation or torture by or upon a person clad in undergarments,a mask or a bizarre costume, or the condition of being fettered, bound orotherwise physically restrained on the part of one so clothed.

(9)        "Sexualconduct".–Acts of masturbation, homosexuality, sexual intercourse, orphysical contact with a person's clothed or unclothed genitals, pubic area,buttocks or, if such person be a female, breast.

(10)      "Sexualexcitement".–The condition of human male or female genitals when in astate of sexual stimulation or arousal. (1969, c. 1215, s. 1.)