§ 30-37-1 — Definitions

New Mexico § 30-37-1

• Jurisdiction: New Mexico
• Ch. 30: Criminal Offenses
• Art. 37: Sexually Oriented Material Harmful to Minors

Text

As used in this act: A. "minor" means any unmarried person who has not reached his eighteenth birthday; B. "nudity" means the showing of the male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state; C. "sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast; D. "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal; E. "sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained; F. "harmful to minors" means that quality of any description of representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse, when it: (1) predominantly appeals to the prurient, shameful or morbid interest of minors; and (2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) is utterly without redeeming social importance for minors; and G. "knowingly" means having general knowledge of, or reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry or both, of: (1) the character and content of any material described herein, which is reasonably susceptible of examination by the defendant; (2) the age of the minor.

Legislative History

1953 Comp., § 40-50-1, enacted by Laws 1973, ch. 257, § 1.