18-1514. OBSCENE MATERIALS — DEFINITIONS. The following definitions are applicable to this act:
1. "Minor" means any person less than eighteen (18) years of age.
2. "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
3. "Sexual conduct" means any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, the breast.
4. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
5. "Sado-masochistic abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.
6. "Harmful to minors" includes in its meaning one or both of the following:
(a) The quality of any material or of any performance or of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:
(1) appeals to the prurient interest of minors as judged by the average person, applying contemporary community standards; and
(2) depicts or describes representations or descriptions of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse which are patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors and includes, but is not limited to, patently offensive representations or descriptions of:
(i) intimate sexual acts, normal or perverted, actual or simulated; or
(ii) masturbation, excretory functions or lewd exhibition of the genitals or genital area. Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in context in which it is used, possesses serious literary, artistic, political or scientific value for minors, according to prevailing standards in the adult community, with respect to what is suitable for minors.
(b) The quality of any material or of any performance, or of any description or representation, in whatever form, which, as a whole, has the dominant effect of substantially arousing sexual desires in persons under the age of eighteen (18) years.
7. "Material" means anything tangible which is harmful to minors, whether derived through the medium of reading, observation or sound.
8. "Performance" means any play, motion picture, dance or other exhibition performed before an audience.
9. "Promote" means to manufacture, issue, sell, give, provide, deliver, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.
10. "Knowingly" means having general knowledge of, or reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry.
History:
[I.C., sec. 18-1514, as added by 1972, ch. 336, sec. 1, p. 874; am. 1976, ch. 81, sec. 15, p. 267.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 15 - CHILDREN AND VULNERABLE ADULTS
Section 18-1501 - INJURY TO CHILDREN.
Section 18-1502 - BEER, WINE OR OTHER ALCOHOL AGE VIOLATIONS — FINES.
Section 18-1502B - POSSESSION OF INHALANTS BY MINORS.
Section 18-1505 - ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT.
Section 18-1505A - ABANDONING A VULNERABLE ADULT.
Section 18-1505B - SEXUAL ABUSE AND EXPLOITATION OF A VULNERABLE ADULT.
Section 18-1506 - SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS.
Section 18-1506A - RITUALIZED ABUSE OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.
Section 18-1506B - FEMALE GENITAL MUTILATION OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.
Section 18-1507 - DEFINITIONS — SEXUAL EXPLOITATION OF A CHILD — PENALTIES.
Section 18-1507A - SEXUAL EXPLOITATION OF A CHILD BY ELECTRONIC MEANS.
Section 18-1508 - LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN.
Section 18-1508A - SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF AGE — PENALTY.
Section 18-1509 - ENTICING OF CHILDREN.
Section 18-1510 - PROVIDING SHELTER TO RUNAWAY CHILDREN.
Section 18-1512 - MEDICAL BILLS PAYMENT FOR CHILD TO BE ADOPTED OR MOTHER AN EXCEPTION.
Section 18-1512A - ADVERTISING FOR ADOPTION — PROHIBITED ACTS.
Section 18-1513 - OBSCENE MATERIALS — DISSEMINATION TO MINORS — POLICY.
Section 18-1514 - OBSCENE MATERIALS — DEFINITIONS.
Section 18-1515 - DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFINED — PENALTY.
Section 18-1516 - MISREPRESENTATIONS — PARENTHOOD OR AGE — MISDEMEANOR.
Section 18-1517 - DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFENSES.
Section 18-1517A - HIRING, EMPLOYING, ETC., MINOR TO ENGAGE IN CERTAIN ACTS — PENALTY.
Section 18-1518 - TIE-IN SALES OF PROHIBITED MATERIALS — MISDEMEANOR.
Section 18-1519 - EACH PROHIBITED ITEM DISSEMINATED CONSTITUTES SEPARATE OFFENSE.
Section 18-1520 - DISTRICT COURTS — INJUNCTIONS — TRIAL — ORDERS OF INJUNCTION.
Section 18-1522 - UNAUTHORIZED SCHOOL BUS ENTRY — NOTICE.
Section 18-1523 - MINORS — TATTOOING, BRANDING, TANNING DEVICES AND BODY PIERCING.