US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 15
                        CHILDREN AND VULNERABLE ADULTS
    18-1507.  SEXUAL EXPLOITATION OF A CHILD. (1) The legislature hereby finds
and declares that the commercial sexual exploitation of children constitutes a
wrongful invasion of the child's right of privacy and results in social,
developmental, and emotional injury to the child; that a child below the age
of eighteen (18) years is incapable of giving informed consent to the use of
his or her body for a commercial purpose; and that to protect children from
commercial sexual exploitation it is necessary to prohibit the production for
trade or commerce of material which involves or is derived from such
exploitation and to exclude all such material from the channels of trade and
commerce.
    (2)  As used in this section, unless the context otherwise requires:
    (a)  "Bestiality" means a sexual connection in any manner between a human
    being and any animal.
    (b)  "Child" means a person who is less than eighteen (18) years of age.
    (c)  "Commercial purpose" means the intention, objective, anticipation, or
    expectation of monetary gain or other material consideration,
    compensation, remuneration, or profit.
    (d)  "Erotic fondling" means touching a person's clothed or unclothed
    genitals or pubic area, developing or undeveloped genitals or pubic area
    (if the person is a child), buttocks, breasts (if the person is a female),
    or developing or undeveloped breast area (if the person is a female
    child), for the purpose of real or simulated overt sexual gratification or
    stimulation of one (1) or more of the persons involved. "Erotic fondling"
    shall not be construed to include physical contact, even if affectionate,
    which is not for the purpose of real or simulated overt sexual
    gratification or stimulation of one (1) or more of the persons involved.
    (e)  "Erotic nudity" means the display of the human male or female
    genitals or pubic area, the undeveloped or developing genitals or pubic
    area of the human male or female child, the human female breasts, or the
    undeveloped or developing breast area of the human female child, for the
    purpose of real or simulated overt sexual gratification or stimulation of
    one (1) or more of the persons involved.
    (f)  "Explicit sexual conduct" means sexual intercourse, erotic fondling,
    erotic nudity, masturbation, sadomasochism, sexual excitement, or
    bestiality.
    (g)  "Masturbation" means the real or simulated touching, rubbing, or
    otherwise stimulating of a person's own clothed or unclothed genitals or
    pubic area, developing or undeveloped genitals or pubic area (if the
    person is a child), buttocks, breasts (if the person is a female), or
    developing or undeveloped breast area (if the person is a female child),
    by manual manipulation or self-induced or with an artificial instrument,
    for the purpose of real or simulated overt sexual gratification or arousal
    of the person.
    (h)  "Sadomasochism" means:
         (i)   Real or simulated flagellation or torture for the purpose of
         real or simulated sexual stimulation or gratification; or
         (ii)  The real or simulated condition of being fettered, bound, or
         otherwise physically restrained for sexual stimulation or
         gratification of a person.
    (i)  "Sexual excitement" means the real or simulated condition of human
    male or female genitals when in a state of real or simulated overt sexual
    stimulation or arousal.
    (j)  "Sexual intercourse" means real or simulated intercourse, whether
    genital-genital, oral-genital, anal-genital, or oral-anal, between persons
    of the same or opposite sex, or between a human and an animal, or with an
    artificial genital.
    (k)  "Sexually exploitative material" means any photograph, motion
    picture, videotape, print, negative, slide, or other mechanically,
    electronically, or chemically reproduced visual material which depicts a
    child engaged in, participating in, observing, or being used for explicit
    sexual conduct.
    (3)  A person commits sexual exploitation of a child if, for any
commercial purpose, he knowingly:
    (a)  Causes, induces, or permits a child to engage in, or be used for, any
    explicit sexual conduct; or
    (b)  Prepares, arranges for, publishes, produces, promotes, makes, sells,
    finances, offers, exhibits, advertises, deals in, possesses, or
    distributes any sexually exploitative material.
    (4)  The possession by any person of three (3) or more identical copies of
any sexually exploitative material shall create a presumption that such
possession is for a commercial purpose.
    (5)  The sexual exploitation of a child is a felony  and shall be
punishable by imprisonment in the state prison for a term not to exceed thirty
(30) years or by a fine not to exceed fifty thousand dollars ($50,000) or by
both such fine and imprisonment.
    (6)  If any provision of this section or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this section which can be given effect without
the invalid provision or application, and to this end the provisions of this
section are declared to be severable.