§ 5-27-601 — Definitions

As used in this subchapter: (1) "Child" means any person under seventeen (17) years of age; (2) (A) "Computer" means an electronic, magnetic, electrochemical, or other high-speed data processing device performing a logical, arithmetic, or storage function and includes any data storage facility or communications facility directly related to or operating in conjunction with the device. (B) "Computer" also includes any online service, Internet service, or local bulletin board, any electronic storage device, including a floppy disk or other magnetic storage device, or any compact disk that has read-only memory and the capacity to store audio, video, or written material; (3) "Computer network" means an interconnection of a communications line with a computer through a remote terminal or a complex consisting of two (2) or more interconnected computers; (4) "Computer program" means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform a specified function; (5) "Computer software" means one (1) or more computer programs, existing in any form, or any associated operational procedure, manual, or other documentation; (6) "Computer system" means a set of related, connected, or unconnected computers, other devices, and software; (7) "Deviate sexual activity" means any act involving the penetration, however slight, of the: (A) Anus or mouth of a person by the penis of another person; or (B) Labia majora or anus of a person by any body member or foreign instrument manipulated by another person; (8) "Electronic mail" means an electronic message, file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks; (9) "Electronic mail service provider" means a person that: (A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or (B) Provides to an end user of electronic mail service the ability to send and receive electronic mail; (10) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and also a system operated or service offered by a library or educational institution; (11) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks; (12) "Performance" means any play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation or a part, whether: (A) Performed live or photographed; (B) Filmed; (C) Videotaped; or (D) Visually depicted by any other photographic, cinematic, magnetic, or electronic means; (13) "Reproduction" includes, but is not limited to, a computer-generated image; (14) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis; and (15) "Sexually explicit conduct" means actual or simulated: (A) Sexual intercourse; (B) Deviate sexual activity; (C) Bestiality; (D) Masturbation; (E) Sadomasochistic abuse for the purpose of sexual stimulation; or (F) Lewd exhibition of the: (i) Genitals or pubic area of any person; or (ii) Breast of a female.

Legislative History

Acts 2001, No. 1496, § 1; 2003, No. 1087, § 2.