As used in this act:

Terms Used In New Mexico Statutes 30-37-1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

A. “minor” means any unmarried person who has not reached his eighteenth birthday;

B. “nudity” means the showing of the male or female genitals, pubic area or

buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state;

C. “sexual conduct” means acts of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast;

D. “sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal;

E. “sado-masochistic abuse” means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained;

F. “harmful to minors” means that quality of any description of representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse, when it:

(1)     predominantly appeals to the prurient, shameful or morbid interest of minors; and

(2)     is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(3)     is utterly without redeeming social importance for minors; and

G. “knowingly” means having general knowledge of, or reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry or both, of:

(1)     the character and content of any material described herein, which is reasonably susceptible of examination by the defendant;

(2)     the age of the minor.