39-17-1002. Part definitions. —





The following definitions apply in §§ 39-17-1002 — 39-17-1007, unless the context otherwise requires:




(1) “Community” means the judicial district, as defined by § 16-2-506, in which a violation is alleged to have occurred;




(2) “Material” means:




(A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;




(B) Any statue, figure, theatrical production or electrical reproduction;




(C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or




(D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission;




(3) “Minor” means any person who has not reached eighteen (18) years of age;




(4) “Patently offensive” means that which goes substantially beyond customary limits of candor in describing or representing such matters;




(5) “Performance” means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons;




(6) “Promote” means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things;




(7) “Prurient interest” means a shameful or morbid interest in sex; and




(8) “Sexual activity” means any of the following acts:




(A) Vaginal, anal or oral intercourse, whether done with another person or an animal;




(B) Masturbation, whether done alone or with another human or an animal;




(C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;




(D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;




(E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;




(F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or




(G) Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person.


[Acts 1990, ch. 1092, § 7; 1995, ch. 216, § 1; 1999, ch. 343, §§ 1-4; 2001, ch. 147, § 1; 2005, ch. 496, § 1.]

 

A turtle can breathe through its butt.

 

And for posting in threads like this.

 

 

ooh, that's big news. I'll have to go check that thread. But let me get this post in first.

 

39-17-1003. Offense of sexual exploitation of a minor. —





(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:




(1) Sexual activity; or




(2) Simulated sexual activity that is patently offensive.




(b) A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).




(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the material, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.




(d) A violation of this section is a Class D felony; however, if the number of individual images, materials, or combination of images and materials, that are possessed is more than fifty (50), then the offense shall be a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred (100), the offense shall be a Class B felony.




(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.


[Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 2.]

 

True spiders always have organs for spinning silk known as spinnerets.

 

No. It is in February '09.

 

I deduced feb 5, thats a thursday, is that correct?

 

39-17-1004. Offense of aggravated sexual exploitation of a minor. —





(a) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in:




(A) Sexual activity; or




(B) Simulated sexual activity that is patently offensive.




(2) A person who violates subdivision (a)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (a)(4).




(3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.




(4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.




(b) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material that is obscene, as defined in § 39-17-901(10), or possess material that is obscene, with the intent to promote, sell, distribute, transport, purchase or exchange the material, which includes a minor engaged in:




(A) Sexual activity; or




(B) Simulated sexual activity that is patently offensive.




(2) A person who violates subdivision (b)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (b)(4).




(3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.




(4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.




(c) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.




(d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange material within this state.


[Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 3.]

 

39-17-1005. Offense of especially aggravated sexual exploitation of a minor. —





(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:




(1) Sexual activity; or




(2) Simulated sexual activity that is patently offensive.




(b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.




(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.




(d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115, or the enhancement of sentence under § 40-35-114.




(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.




(f) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.


[Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 4.]

 

 

A sheep, a duck and a rooster were the first passengers in a hot air balloon.

 

where is your mr to?

 

39-17-1006. Injunctions. —





If the district attorney general is of the opinion that §§ 39-17-1001—39-17-1005 are being violated, the district attorney general may file a petition in a circuit, chancery or criminal court of that district relating the opinion, and request the court to issue a temporary restraining order or a temporary injunction enjoining the person named in the petition from removing the material in question from the jurisdiction of the court pending an adversary hearing on the petition. If a temporary restraining order or, after notice, a temporary injunction is so issued, the person enjoined shall answer within the time set by the court, which time shall be set by the court at not more than sixty (60) days. The adversary hearing on the petition shall be held within two (2) days after the joinder of issues. At the conclusion of the hearing, or within two (2) days thereafter, the court will determine whether or not the material in question is in violation of §§ 39-17-1001 — 39-17-1005. On a finding of a violation, the court shall grant a temporary injunction or continue its injunction in full force and effect for a period not to exceed forty-five (45) days or until an indictment on the matter has been submitted to the grand jury. If forty-five (45) days elapse and the grand jury has taken no action, the injunction terminates. The injunction also terminates on the grand jury returning a no true bill. On the return of a true bill of indictment, the court shall order the material in question delivered into the hands of the court clerk or district attorney general, there to be held as evidence in the case.


[Acts 1990, ch. 1092, § 7.]