A. It is unlawful for the owner or operator of an outdoor motion picture theater to show or exhibit any motion picture which in whole or in part depicts unclothed sexual conduct in an outdoor theater unless the exhibitor can prove that the outdoor screen on which the picture is to be shown cannot be seen by any minor who has not taken extraordinary measures to view the screen or who is not within the area provided for those persons who have been admitted by a ticket or pass.
B. As used in this section, "unclothed sexual conduct" means an act of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person's unclothed genitals, pubic area or buttocks.
C. The notice provisions of Section 30-37-4 NMSA 1978 shall not apply to this section.
History: Laws 1983, ch. 152, ยง 2.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 37 - Sexually Oriented Material Harmful to Minors
Section 30-37-1 - Definitions.
Section 30-37-2 - Offenses; books; pictures.
Section 30-37-2.1 - Offenses; retail display.
Section 30-37-3 - Offenses; motion pictures; plays.
Section 30-37-3.1 - Outdoor theaters; offenses.
Section 30-37-3.2 - Child solicitation by electronic communication device.
Section 30-37-3.3 - Criminal sexual communication with a child; penalty.
Section 30-37-4 - Notice; prosecution.
Section 30-37-5 - Exclusions; defenses.
Section 30-37-6 - Offenses by minor.
Section 30-37-8 - Uniform application.
Section 30-37-9 - Legislative findings and purpose.
Section 30-37-10 - Offenses; certain tie-in arrangements unlawful.