The panel continued in relevant part: Under New York Penal Law § 235.20(1) (Consol. 2019), a “minor” is defined as “any person less than seventeen years old.” “Nudity” is defined as: The showing of the human male or female genitals, pubic area or buttocks with less than a full 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 discernably turgid state.
Finally, “harmful to minors” is defined as: That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:
(a) Considered as a whole, appeals to the prurient interest in sex of minors; and (b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (c) Considered as a whole, lacks serious literary, artistic, political and scientific value for minors.
In New Jersey, N.J.S.A. 2C:24-4(a)(1) proscribes endangering the welfare of a child: (1) Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child is guilty of a crime of the second[-]degree. Any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the third-degree (Emphasis added).
In 2008, at the time of A.A.’s offense, the term “child” was defined as “any person under sixteen years of age”; that definition was amended in 2013, to define “child” as “any person under eighteen years of age.” See Cannel, N.J. Criminal Code Annotated, cmt. 1 on N.J.S.A. 2C:24-4 (2019).
The term “prurient” comes from antiquated United States Supreme Court cases addressing first amendment issues. The plain language definition is “perverted.”
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