§ 571-B:1 — Definitions

New Hampshire § 571-B:1

• Jurisdiction: New Hampshire
• Title LVIII: PUBLIC JUSTICE
• Ch. 571-B: EXPOSING MINORS TO HARMFUL MATERIALS
• Subdivision: General Provisions

Text

As used in this chapter:
I. "Harmful to minors" means that quality of any description or representation, in whatever form of sexual conduct, when it:
(a) Predominantly appeals to the prurient interest of minors in sex, that is, an interest in lewdness or lascivious thoughts;
(b) Depicts or describes sexual conduct in a manner so explicit as to be patently offensive to contemporary adult standards, in the county within which any offense set forth in this chapter was committed, with respect to what is suitable material for minors; and
(c) Lacks serious literary, artistic, political or scientific value.
II. "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, or both, as to:
(a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and
(b) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonably bona fide attempt to ascertain the true age of such minor.
III. "Minor" means any person under the age of 18 years.
IV. "Sexual conduct" means human masturbation, sexual intercourse, actual or simulated, normal or perverted, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of same or opposite sex or between humans and animals, any depiction or representation of excretory functions, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship. Sexual intercourse is simulated when it depicts sexual intercourse which give the appearance of the consummation of sexual intercourse, normal or perverted.

Legislative History

1969, 252:1. 1976, 46:1. 1977, 123:1, eff. Aug. 1, 1977.