| (1) | As used in this section:
| (a) |
| (i) | "Commercially published information or material" means any book, booklet, pamphlet, magazine, periodical, newsletter, or similar document, including stationery and greeting cards, and video and audio tapes, disks, or other recording, that is distributed or made available through any means or media for a commercial purpose. |
| (ii) | "Commercially published information or material" includes an extraction, photocopy, clipping, or electronically created copy made from any of the items under Subsection (1)(a)(i). |
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| (b) |
| (i) | "Features nudity" means the information or material:
| (A) | that, in the case of a one-time publication or issue, promotes itself based upon depictions of nudity or sexually explicit conduct; or |
| (B) | that, in the case of information or material other than under Subsection (1)(b)(i)(A), contains depictions of nudity or sexually explicit conduct on a routine or regular basis. |
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| (c) | "Nudity" means a pictorial depiction where genitalia or female breasts are exposed. |
| (d) | "Offender" means any person who has been convicted of a crime and is housed in a prison, jail, youth detention facility, or community correctional center. |
| (e) | "Sexually explicit" means a pictorial depiction of actual or simulated sexual acts, including sexual intercourse, sodomy, or masturbation. |
| (f) | "State funds" means state or local funding provided to the department, and includes legislative appropriations to the department, dedicated credits, grants, and money for jail reimbursement to county correctional facilities under Title 64, Chapter 13, Department of Corrections - State Prison, private providers, and contractors. |
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