For the purpose of applying and interpreting this chapter, the following terms shall have the meaning stated below:
(a) Act.— Means the act that adopts the “Citizen’s Bill of Rights on Obscenity and Child Pornography”, §§ 541—549 of this title.
(b) Material.— Means any picture, drawing, photograph, moving picture, film or other graphic, audio and visual representation transmitted or retransmitted through cable, electromagnetic waves, digital technology or any other electronic radio or televisions means.
(c) Indecent material.— Means any material that considered in its totality by an average person, and upon application of contemporary community patterns for the communication media that exhibits, emits, diffuses, disseminates, describes, shows or expresses sexual or physiological activities, in a patently gross or offensive manner but that do not reach the level of obscene or pornographic material.
(d) Obscene material.— Means any material, that considered in its totality by an average person, and applying modern community patterns:
(1) Appeals to lascivious interest, to wit, a morbid interest in endity, sexuality or physiological functions; and
(2) represents or describes sexual conduct in a patently offensive manner, and
(3) lacks true literary, artistic, political, religious, scientific or educational value.
(e) Child.— Means every individual under 16 years of age.
(f) Child pornography.— Means material that contains sexual conduct that although not considered obscene, is carried out for, with or in the presence of minors, and as provided in our present code of laws.
(g) Secretary.— Means the Secretary of the Department of Consumer Affairs, with all the powers and faculties conferred by §§ 341 et seq. of Title 3, known as the “Organic Act of the Department of Consumer Affairs”.
History —Aug. 9, 2002, No. 140, § 2, eff. Jan. 1, 2003.