§ 13-3551 — Definitions

In this chapter, unless the context otherwise requires:

1. "Advertising" or "advertisement" means any message in any medium that offers or solicits any person to engage in sexual conduct in this state.

2. "Communication service provider" has the same meaning prescribed in section 13-3001.

3. "Computer" has the same meaning prescribed in section 13-2301, subsection E.

4. "Computer system" has the same meaning prescribed in section 13-2301, subsection E.

5. "Exploitive exhibition" means the actual or simulated exhibition of the genitals or pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer.

6. "Indistinguishable" means a visual depiction such that a person viewing the depiction would reasonably conclude that the depiction is of an actual minor.

7. "Minor":

(a) Means a person or persons who were under eighteen years of age at the time a visual depiction was created, adapted or modified.

(b) Includes a visual depiction that is indistinguishable from an actual minor.

8. "Network" has the same meaning prescribed in section 13-2301, subsection E.

9. "Producing" means financing, directing, manufacturing, issuing, publishing or advertising for pecuniary gain.

10. "Remote computing service" has the same meaning prescribed in section 13-3001.

11. "Sexual conduct" means actual or simulated:

(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex.

(b) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.

(c) Sexual bestiality.

(d) Masturbation, for the purpose of sexual stimulation of the viewer.

(e) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.

(f) Defecation or urination for the purpose of sexual stimulation of the viewer.

12. "Simulated" means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.

13. "Visual depiction" includes each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form, regardless of whether the image is created or modified by means of computer software, artificial intelligence or other digital editing tools, and that is capable of conversion into a visual image.