Montana Code 45-8-117. Definitions
45-8-117. Definitions. As used in 45-8-117 and 45-8-118, the following definitions apply:
Terms Used In Montana Code 45-8-117
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
- Male: means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Drag king” means a male or female performer who adopts a flamboyant or parodic male persona with glamorous or exaggerated costumes and makeup.
(2)”Drag queen” means a male or female performer who adopts a flamboyant or parodic feminine persona with glamorous or exaggerated costumes and makeup.
(3)”Drag story hour” means an event hosted by a drag queen or drag king who reads children’s books and engages in other learning activities with minor children present.
(4)”Nude” means:
(a)entirely unclothed; or
(b)clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breast below the top of the areola of the breasts if the person is female or any portion of the genitals or buttocks.
(5)”Prurient interest in sex” has the same meaning as provided in 45-8-205.
(6)”Public property” means any real property owned or leased, in whole or part, by the state or a political subdivision, as defined in 2-9-101, or held in the name of a political subdivision by a department, board, or authority of the state or a political subdivision.
(7)”Obscene” has the same meaning as provided in 45-8-201.
(8)”Sexually oriented” means any simulation of sexual activity, stripping, salacious dancing, any lewd or lascivious depiction or description of human genitals or of sexual conduct as defined in 45-5-625.
(9)”Sexually oriented business” means a nightclub, bar, restaurant, or similar commercial enterprise that:
(a)provides for an audience of two or more individuals:
(i)live nude entertainment or live nude performances; or
(ii)a sexually oriented performance; and
(b)authorizes on-premises consumption of alcoholic beverages.
(10)”Sexually oriented performance” means a performance that, regardless of whether performed for consideration, is intended to appeal to a prurient interest in sex and features:
(a)the purposeful exposure, whether complete or partial, of:
(i)a human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or
(ii)prosthetic genitalia, breasts, or buttocks;
(b)stripping; or
(c)sexual conduct.
(11)”Stripping” means removal or simulated removal of clothing in a sexual manner for the entertainment of one or more individuals.