As used in Sections 1021 through 1024.4 of this title:

1. 1. "Obscene material" means and includes any representation, depiction or description of sexual conduct, whether in any form or medium including still photographs, undeveloped photographs, motion pictures, undeveloped film, videotape, CD-ROM, magnetic disk memory, magnetic tape memory or a purely photographic product or a reproduction of such product in any book, pamphlet, magazine, or other publication, if said items contain the elements of paragraph 2 of this section;

2. 2. "Performance" means and includes any live or cinematic show of whatever nature over any broadcast media, if the performance contains the following:

   1. a. the obscene material or performance has as one of its participants or portrayed observers a child under the age of eighteen (18) or who appears as prepubescent, or
   2. b. the obscene material or performance contains depictions or descriptions of sexual conduct which are patently offensive as found by the average person applying contemporary community standards,
   3. c. the obscene material or performance taken as a whole has as the dominant theme an appeal to prurient interest as found by the average person applying contemporary community standards, and
   4. d. a reasonable person would find the obscene material or performance taken as a whole lacks serious literary, artistic, educational, political, or scientific purposes or value; and

3. 3. "Sexual conduct" means and includes any of the following:

   1. a. acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated,
   2. b. acts of deviate sexual conduct, including oral and anal sodomy,
   3. c. acts of masturbation,

   4. d. acts of sadomasochistic abuse including but not limited to:

      1. (1) flagellation or torture by or upon any person who is nude or clad in undergarments or in a costume which is of a revealing nature, or
      2. (2) the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed,
   5. e. acts of excretion in a sexual context, or
   6. f. acts of exhibiting human genitals or pubic areas. The types of sexual conduct described in paragraph 3 of this section are intended to include situations when, if appropriate to the type of conduct, the conduct is performed alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

Laws 1981, HB 1040, c. 146, § 1, eff. October 1, 1981; Amended by Laws 1984, HB 1779, c. 91, § 4, eff. November 1, 1984; Amended by Laws 1996, HB 2506, c. 37, § 7, eff. November 1, 1996.