§ 19-1.1. Definitions. - North Carolina Statutes - USA Laws Searching

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§ 19-1.1. Definitions.

§19‑1.1.  Definitions.

As used in this Chapterrelating to illegal possession or sale of obscene matter or to the otherconduct prohibited in G.S. 19‑1(a), the following definitions shallapply:

(1)        "Breach of thepeace" means repeated acts that disturb the public order including, butnot limited to, homicide, assault, affray, communicating threats, unlawfulpossession of dangerous or deadly weapons, and discharging firearms.

(1a)      "Knowledge"or "knowledge of such nuisance" means having knowledge of the contentsand character of the patently offensive sexual conduct which appears in thelewd matter, or knowledge of the acts of lewdness. With regard to nuisancesinvolving assignation, prostitution, gambling, the illegal possession or saleof alcoholic beverages, the illegal possession or sale of controlled substancesas defined in the North Carolina Controlled Substances Act, or repeated actswhich create and constitute a breach of the peace, evidence that the defendantknew or by the exercise of due diligence should have known of the acts orconduct constitutes proof of knowledge.

(2)        "Lewdmatter" is synonymous with "obscene matter" and means anymatter:

a.         Which the averageperson, applying contemporary community standards, would find, when consideredas a whole, appeals to the prurient interest; and

b.         Which depictspatently offensive representations of:

1.         Ultimate sexualacts, normal or perverted, actual or simulated;

2.         Masturbation,excretory functions, or lewd exhibition of the genitals or genital area;

3.         Masochism or sadism;or

4.         Sexual acts with achild or animal.

Nothingherein contained is intended to include or proscribe any writing or writtenmaterial, nor to include or proscribe any matter which, when considered as awhole, and in the context in which it is used, possesses serious literary,artistic, political, educational, or scientific value.

(3)        "Lewdness"is synonymous with obscenity and shall mean the act of selling, exhibiting orpossessing for sale or exhibition lewd matter.

(4)        "Matter" meansa motion picture film or a publication or both.

(5)        "Motion picturefilm" shall include any:

a.         Film or platenegative;

b.         Film or platepositive;

c.         Film designed to beprojected on a screen for exhibition;

d.         Films, glass slidesor transparencies, either in negative or positive form, designed for exhibitionby projection on a screen;

e.         Video tape, compactdisc, digital video disc, or any other medium used to electronically reproduceimages on a screen.

(6)        "Person"means any individual, partnership, firm, association, corporation, or otherlegal entity.

(7)        "Place"includes, but is not limited to, any building, structure or places, or anyseparate part or portion thereof, whether permanent or not, or the grounditself.

(7a)      "Preserving thestatus quo" as used in G.S. 19‑2.3 means returning conditions to thelast actual, peaceable, lawful, and noncontested status which preceded thepending controversy and not allow the nuisance to continue.

(7b)      "Prostitution"means offering in any manner or receiving of the body in return for a fee, foracts of vaginal intercourse, anal intercourse, fellatio, cunnilingus,masturbation, or physical contact with a person's genitals, pubic area,buttocks, or breasts, or other acts of sexual conduct offered or received forpay and sexual gratification.

(8)        "Publication"shall include any book, magazine, pamphlet, illustration, photograph, picture,sound recording, or a motion picture film which is offered for sale orexhibited in a coin‑operated machine.

(9)        "Sale of obsceneor lewd matter" means a passing of title or right of possession from aseller to a buyer for valuable consideration, and shall include, but is notlimited to, any lease or rental arrangement or other transaction wherein orwhereby any valuable consideration is received for the use of, or transfer orpossession of, lewd matter.

(10)      "Sale" asthe term relates to proscribed acts other than sale of obscene or lewd mattershall have the same meaning as the term is defined in Chapter 18B and Chapter90 of the General Statutes prohibiting the illegal sale of alcoholic beveragesand controlled substances respectively.

(11)      "Used forprofit" shall mean any use of real or personal property to produce incomein any manner, including, but not limited to, any commercial or businessactivities, or selling, leasing, or otherwise providing goods and services forprofit. (1977, c. 819, s. 3; 1981, c. 412, s. 4; c. 747, s.66; 1999‑371, s. 2.)