Title 16, Chapter 12, Section 102
As used in this part, the term:
(1) "Harmful to minors" means that quality of description or
representation, in whatever form, of nudity, sexual conduct,
sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly appeals to the prurient,
shameful, or morbid interest of minors;
(B) Is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material
for minors; and
(C) Is, when taken as a whole, lacking in serious literary,
artistic, political, or scientific value for minors.
(2) "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:
(A) The character and content of any material described in this
part which is reasonably susceptible to examination by the
(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.
(3) "Minor" means a person less than 18 years of age.
(4) "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
(5) "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.
(6) "Sexual excitement" means the condition of human male or
female genitals when in a state of sexual stimulation or arousal.
(7) "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.