§ 2821. Definitions

As used in this chapter:

(1) “Child” means any person under 16 years of age.

(2) “Sexual conduct” means any of the following:

(A) any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva, or the mouth and the vulva;

(B) any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any person;

(C) any intentional touching, not through the clothing, of the genitals, anus, or breasts of another with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any person;

(D) masturbation;

(E) bestiality;

(F) sadomasochistic abuse for sexual purposes; or

(G) any simulation of the conduct described in subdivisions (2)(A)-(F) of this section.

(3) “Performance” means:

(A) an event that is photographed, filmed, or visually recorded; or

(B) a play, dance, or other visual presentation or exhibition before an audience.

(4) “Sexual performance” means any performance or any part of a performance that includes sexual conduct by, with, or on a child.

(5) “Promote” means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, make available, or offer to do the same, by any means, including electronic transmission, file sharing, or peer-to-peer networks.

(6) “Peer-to-peer network” means a network in which two or more computers or devices share files without requiring a separate server computer or server software.

(7)(A) “Simulation” means the explicit depiction of any conduct described in subdivisions (2)(A)-(F) of this section that:

(i) involves a child as defined in subdivision (1) of this section;

(ii) creates the appearance of such conduct; and

(iii) exhibits naked genitals, buttocks, or breasts below the top of the areola.

(B) “Simulation” does not include paintings, drawings, or nonvisual or written descriptions of sexual conduct.

(C) “Simulation” applies only to conduct. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 1; 1999, No. 124 (Adj. Sess.), § 9; 2019, No. 132 (Adj. Sess.), § 1; 2019, No. 167 (Adj. Sess.), § 30, eff. Oct. 7, 2020; 2021, No. 29, § 1.)