(2) "harmful to minors" means that quality of any description,
exhibition, presentation or representation, in whatever form, of nudity,
sexual conduct, sexual excitement or sadomasochistic abuse when the
material or performance, taken as a whole or, with respect to a prosecution
for an act described by subsection (a)(1), that portion of the material that
was actually exposed to the view of minors, has the following
characteristics:
(A) The average adult person applying contemporary community
standards would find that the material or performance has a predominant
tendency to appeal to a prurient interest in sex to minors;
(B) the average adult person applying contemporary community
standards would find that the material or performance depicts or describes
nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a
manner that is patently offensive to prevailing standards in the adult
community with respect to what is suitable for minors; and
(C) a reasonable person would find that the material or performance
lacks serious literary, scientific, educational, artistic or political value for
minors;
(3) "material" means any book, magazine, newspaper, pamphlet,
poster, print, picture, figure, image, description, motion picture film,
record, recording tape or video tape;
(4) "minor" means any unmarried person under 18 years of age;
(5) "nudity" means the showing of the human male or female genitals,
pubic area or buttocks with less than a full opaque covering; 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 discernible state of sexual excitement;
(6) "performance" means any motion picture, file, video tape, played
record, phonograph, tape recording, preview, trailer, play, show, skit, dance
or other exhibition performed or presented to or before an audience of one
or more, with or without consideration;
(7) "sadomasochistic abuse" means flagellation or torture by or upon
a person clad in undergarments, in a mask or bizarre costume or in the
condition of being fettered, bound or otherwise physically restrained on
the part of one so clothed;
(8) "sexual conduct" means acts of masturbation, homosexuality,
sexual intercourse or physical contact with a person's clothed or unclothed
genitals or pubic area or buttocks or with a human female's breast; and
(9) "sexual excitement" means the condition of human male or female
genitals when in a state of sexual stimulation or arousal.