§ 5-68-302 — Definitions

Arkansas § 5-68-302

• Jurisdiction: Arkansas
• Title: 5

Text

As used in this subchapter: (1) "Advertising purposes" means a purpose of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment; (2) "Hard-core sexual conduct" means a patently offensive act, exhibition, representation, depiction, or description of: (A) An intrusion, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal opening of any person's body; or (B) Cunnilingus, fellatio, anilingus, bestiality, a lewd exhibition of genitals, or an excretory function, actual or simulated; (3) "Live public show" means a public show in which a human being, an animal, or both appear bodily before a spectator or customer; (4) "Obscene material" means a material that: (A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct; (B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and (C) Taken as a whole, lacks serious literary, artistic, political, or scientific value; (5) "Obscene performance" means a play, motion picture, dance, show, or other presentation, whether pictured, animated, or live, performed before an audience and that in whole or in part depicts, or reveals, sexual conduct, hard-core sexual conduct, or sadomasochistic abuse, or that includes an explicit verbal description or a narrative account of sexual conduct or hard-core sexual conduct, and that: (A) Depicts or describes in a patently offensive manner sadomasochistic abuse, sexual conduct, or hard-core sexual conduct; (B) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards; and (C) Taken as a whole, lacks serious literary, artistic, political, or scientific value; (6) "Promote" means to produce, direct, perform in, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, or advertise, for consideration, or to offer or agree to do any of these things for consideration; (7) "Public show" means any entertainment or exhibition advertised or in some other fashion held out to be accessible to the public or member of a club, regardless of whether an admission or other charge is levied or collected and regardless of whether a minor is admitted or excluded; (8) "Sadomasochistic abuse" means flagellation, mutilation, or torture by or upon a person who is nude or clad in an undergarment or in revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of a person so clothed, in a sexual context; and (9) "Sexual conduct" means human masturbation or sexual intercourse.

Legislative History

Acts 1981 (Ex. Sess.), No. 28, § 2; A.S.A. 1947, § 41-3585.1.