§ 8.50.040. Sexual exploitation of minors.

A.

It shall be unlawful for any person to knowingly employ, use, persuade, induce, entice or coerce any minor to engage in, or to have a minor assist any other person to engage in, any sexual excitement or sexual conduct for the purpose of producing any film, photograph, negative, slide, book, magazine, audiotape, or live performance that depicts that conduct.

B.

It shall be unlawful for any person to knowingly photograph, film, tape, or televise a minor engaged in nudity, sexual excitement, or sexual conduct, for the purpose of producing a film, photograph, negative, slide, book, audiotape, or magazine depicting that conduct for sale or distribution to other persons.

C.

It shall be unlawful for any person to knowingly engage in nudity, sexual excitement, or sexual conduct with a minor for the purpose of producing any film, photograph, negative, slide, book, magazine, audiotape, or live performance that depicts that conduct.

D.

It shall be unlawful for any person to knowingly produce, publish, distribute, sell or disseminate any film, photograph, negative, slide, book, audiotape or magazine or other printed, visual, or audio medium if such person knows or has reason to know that such works are or contain graphic representations, films, photographs, negatives, or slides that depict a minor engaged in nudity, sexual excitement or sexual conduct in a patently offensive way and if:

1.

The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; and

2.

The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

E.

For the purpose of this section, the following terms shall have the meaning given in this subsection:

1.

Minor means any person under the age of 18 years, regardless of parental permission or emancipated status.

2.

Sexual conduct means actual or simulated:

a.

Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

b.

Bestiality;

c.

Masturbation;

d.

Sado-masochistic abuse (for the purpose of sexual stimulation); and

e.

Lewd exhibition of the genitals or pubic area of any person.

3.

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

4.

Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.

F.

Violation of this section is a class A misdemeanor.

(AO No. 77-332A; AO No. 89-52; AO No. 90-5; AO No. 91-53; AO No. 93-133(S), § 3, 11-4-93; AO No. 98-59(S), § 1, 5-19-98; AO No. 2003-73, § 3, 4-22-03; AO No. 2014-42, § 7, 6-21-14)

State law reference

Unlawful exploitation of minors, AS 11.41.455.