North Carolina General Statutes 14-190.13. Definitions for certain offenses concerning minors
The following definitions apply to N.C. Gen. Stat. § 14-190.14, displaying material harmful to minors; N.C. Gen. Stat. § 14-190.15, disseminating or exhibiting to minors harmful material or performances; N.C. Gen. Stat. § 14-190.16, first degree sexual exploitation of a minor; N.C. Gen. Stat. § 14-190.17, second degree sexual exploitation of a minor; N.C. Gen. Stat. § 14-190.17A, third degree sexual exploitation of a minor.
(1) Harmful to Minors. – That quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:
a. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and
b. The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and
c. The material or performance lacks serious literary, artistic, political, or scientific value for minors.
Terms Used In North Carolina General Statutes 14-190.13
- 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.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Material. – Pictures, drawings, video recordings, films or other visual depictions or representations but not material consisting entirely of written words.
(3) Minor. – An individual who is less than 18 years old and is not married or judicially emancipated.
(4) Prostitution. – Engaging or offering to engage in sexual activity with or for another in exchange for anything of value.
(5) Sexual Activity. – Any of the following acts:
a. Masturbation, whether done alone or with another human or an animal.
b. Vaginal, anal, or oral intercourse, whether done with another human or with an animal.
c. Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female.
d. An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a person clad in undergarments or in revealing or bizarre costume.
e. Excretory functions; provided, however, that this sub-subdivision shall not apply to N.C. Gen. Stat. § 14-190.17A.
f. The insertion of any part of a person’s body, other than the male sexual organ, or of any object into another person’s anus or vagina, except when done as part of a recognized medical procedure.
g. The lascivious exhibition of the genitals or pubic area of any person.
(6) Sexually Explicit Nudity. – The showing of:
a. Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast, except as provided in N.C. Gen. Stat. § 14-190.9(b); or
b. Covered human male genitals in a discernibly turgid state. (1985, c. 703, s. 9; 1989 (Reg. Sess., 1990), c. 1022, s. 2; 1993, c. 301, s. 2; 2008-218, s. 1; 2013-368, s. 18.)