North Carolina § 14-202 - 10. Definitions.

§ 14-202. 10. Definitions.

As used in this Article: "Adult bookstore" means a bookstore: Which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section; or Having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of its publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section. "Adult establishment" means an adult bookstore, adult motion picture theatre, adult mini motion picture theatre, or adult live entertainment business as defined in this section. "Adult live entertainment" means any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this section. "Adult live entertainment business" means any establishment or business wherein adult live entertainment is shown for observation by patrons. "Adult motion picture theatre" means an enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein. "Adult motion picture theatre" does not include any adult mini motion picture theatre as defined in this section. "Adult mini motion picture theatre" means an enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein. , (8) Repealed by Session Laws 2017-151, s. 2(b), effective October 1, 2017. Less than completely and opaquely covered: (i) human genitals, pubic region, (ii) buttock, or (iii) female breast below a point immediately above the top of the areola; or Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts. (9) "Sexually oriented devices" means without limitation any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities but shall not mean any contraceptive device. (10) "Specified anatomical areas" means: (11) "Specified sexual activities" means: a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, sexual intercourse or sodomy; or History (1977, c. 987, s. 1; 1985, c. 731, s. 1; 1998-46, s. 4; 2017-151, s. 2(a), (b).) Editor's Note. - Session Laws 2017-151, s. 6, made the amendment of subdivision (2) and repeal of subdivisions (7) and (8) of this section by Session Laws 2017-151, s. 2(a) and (b), which inserted "or" and deleted "business, or massage" following "adult live entertainment"; and deleted former subdivisions (7) and (8), which defined "Massage" and "Massage business," effective October 1, 2017. Effect of Amendments. - Session Laws 2017-151, s. 2(a) and (b), in subdivision (2), inserted "or" and deleted "business, or massage" following "adult live entertainment"; and deleted former subdivisions (7) and (8), which defined "Massage" and "Massage business". Legal Periodicals. - For article, "Regulating Obscenity Through the Power to Define and Abate Nuisances," see 14 Wake Forest L. Rev. 1 (1978). For article, "Pornography and the First Amendment," see 1986 Duke L.J. 589. For article, "Regulation of Pornography - The North Carolina Approach," see 21 Wake Forest L. Rev. 263 (1986).