Baltimore City Code, Article 19, § 36-1 Definitions.
§ 36-1. Definitions.
(a) Harmful to minors.
“Harmful to minors” means that quality of representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that:
(1) predominantly appeals to the prurient, shameful, or morbid interest of young persons;
(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for young persons; and
(3) is utterly without redeeming social importance for young persons.
(b) Knowingly.
(1) “Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both:
(i) the character and content of any material described herein which is reasonably susceptible of examination by the defendant; and
(ii) the age of the minor.
(2) Provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
(c) Nudity.
“Nudity” means:
(1) the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or
(2) the showing of the female breast with less than a fully opaque covering of any part below the top of the nipple; or
(3) the depiction of covered male genitals in a discernibly turgid state.
(d) Sadomasochistic abuse.
“Sadomasochistic abuse” means:
(1) flagellation or torture by or upon a person clothed in undergarments, a mask, or a bizarre costume; or
(2) the condition of being fettered, bound, or otherwise physically restrained on the part of one who is so clothed.
(e) Sexual conduct.
“Sexual conduct” means acts of masturbation, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast.
(f) Sexual excitement.
“Sexual excitement” means the condition of human male or female genitals in a discernible state of sexual stimulation or arousal.
(Ord. 22-125; Ord. 16-581; Ord. 69-467.)