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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 30. Criminal Offenses § 30-37-1. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-30-criminal-offenses/nm-st-sect-30-37-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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