North Carolina § 14-190 - 13. Definitions for certain offenses concerning minors.

§ 14-190. 13. Definitions for certain offenses concerning minors.

The following definitions apply 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 , second degree sexual exploitation of a minor; G.S. 14-190.17 A, third degree sexual exploitation of a minor. Harmful to Minors. - That quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics: The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and The material or performance lacks serious literary, artistic, political, or scientific value for minors. Material. - Pictures, drawings, video recordings, films or other visual depictions or representations but not material consisting entirely of written words. Minor. - An individual who is less than 18 years old and is not married or judicially emancipated. Prostitution. - Engaging or offering to engage in sexual activity with or for another in exchange for anything of value. Sexual Activity. - Any of the following acts: Masturbation, whether done alone or with another human or an animal. Vaginal, anal, or oral intercourse, whether done with another human or with an animal. Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female. An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a person clad in undergarments or in revealing or bizarre costume. Excretory functions; provided, however, that this sub-subdivision shall not apply to G.S. 14-190.17A. The insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure. The lascivious exhibition of the genitals or pubic area of any person. Sexually Explicit Nudity. - The showing of: Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast, except as provided in G.S. 14-190.9(b); or Covered human male genitals in a discernibly turgid state. History (1985, c. 703, s. 9; 1989 (Reg. Sess., 1990), c. 1022, s. 2; 1993, c. 301, s. 2; 2008-218, s. 1; 2013-368, s. 18.) Cross References. - As to duty of film and photographic print processor or computer technician to report film or computer images containing pictures of minors engaging in sexual activity, see G.S. 66-67.4 . Effect of Amendments. - Session Laws 2008-218, s. 1, effective December 1, 2008, and applicable to offenses committed on or after that date, made a minor grammatical change in the introductory paragraph; and added subdivision (5)g. Session Laws 2013-368, s. 18, effective October 1, 2013, deleted "G.S. 14-190.18, promoting prostitution of a minor; G.S. 14-190.19, participating in prostitution of a minor" following "a minor" at the end of the introductory paragraph. For applicability, see Editor's note. Legal Periodicals. - For article, "Regulation of Pornography - The North Carolina Approach," see 21 Wake Forest L. Rev. 263 (1986). For note, "Assessing the Constitutionality of North Carolina's New Obscenity Law," see 65 N.C.L. Rev. 400 (1987).