§ 21-1024-1v2

A. As used in Sections 1021, 1021.1 through 1021.4, Sections 1022, 1023, and Sections 1040.8 through 1040.24 of this title, 'child pornography' means: 1. Any visual depiction of a child engaged in any act of sexually explicit conduct;2. Any visual depiction of a child that has been adapted, altered, or modified so that the child depicted appears to be engaged in any act of sexually explicit conduct; or3. Any visual depiction that appears to be a child, regardless of whether the image is a depiction of an actual child, a computer-generated image, or an image altered to appear to be a child, engaged in any act of sexually explicit conduct, and such visual depiction is obscene.B. Each visual depiction or individual image of child pornography shall constitute a separate item and act.C. As used in Sections 1021 through 1024.4 and Sections 1040.8 through 1040.24 of this title:1. 'Child' means a person under eighteen (18) years of age;2. 'Obscene' means any performance or depiction, in any form or on any medium, if said material when taken as a whole:a.appeals to the prurient interest in sex as determined by the average person applying the contemporary standards of their

iction, in any form or on any medium, if said material when taken as a whole:a.appeals to the prurient interest in sex as determined by the average person applying the contemporary standards of their community,b.depicts, represents, or displays sexually explicit conduct in a patently offensive way, andc.a reasonable person would find the material or performance lacks serious literary, artistic, educational, political, or scientific value;3. 'Performance' means any display, live, recorded, or transmitted, in any form or medium;4. 'Sexually explicit conduct' means any of the following whether actual or simulated:a.acts of sexual intercourse,b.acts of oral and anal sodomy,c.acts of masturbation,d.acts of sexual activity with an animal,e.acts of sadomasochism including:(1)flagellation or torture by or upon any person who is nude or clad in undergarments or in a costume which is of a revealing nature, or(2)the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed,f.acts of excretion in a sexual context, org.exhibiting genitalia, breast, or pubic area for the purpose of the sexual stimulation of the viewer;5.

rained on the part of one who is nude or so clothed,f.acts of excretion in a sexual context, org.exhibiting genitalia, breast, or pubic area for the purpose of the sexual stimulation of the viewer;5. 'Explicit child pornography' means material which a law enforcement officer can immediately identify as child pornography; and6. 'Visual depiction' means any depiction, picture, movie, performance, or image displayed, stored, shared, or transmitted in any format and on any medium including data that is capable of being converted into a depiction, picture, movie, performance, or image.Added by Laws 1981, c. 146, § 1, eff. Oct. 1, 1981. Amended by Laws 1984, c. 91, § 4, eff. Nov. 1, 1984; Laws 1996, c. 37, § 7, eff. Nov. 1, 1996; Laws 2000, c. 208, § 8, eff. Nov. 1, 2000; Laws 2009, c. 210, § 1, emerg. eff. May 19, 2009; Laws 2009, c. 457, § 2, eff. July 1, 2009; Laws 2012, c. 115, § 1, eff. Nov. 1, 2012; Laws 2024, c. 103, § 2, eff. Nov. 1, 2024.