§ 257-3. Definitions.

As used in this article, the following terms shall have the meanings indicated:

CONVICTION

The entry of a plea of guilty to or a verdict of guilty upon an accusatory instrument other than a felony complaint or to one or more counts of such instrument.

CRIMINAL NUISANCE

A person is guilty of criminal nuisance in the second degree when, by conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons or he knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging in unlawful conduct. "Criminal nuisance" in the second degree is a Class B misdemeanor.

MATERIAL

Anything tangible which is capable of being used or adopted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.

OBSCENE

Any material or performance is "obscene" if the average person, applying contemporary community standards, would find that, considered as a whole, its predominant appeal is to the prurient interest in sex and it depicts or describes in a patently offensive manner actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals and, considered as a whole, it lacks serious literary, artistic, political and scientific value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience.

OFFENSES

Conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this state or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.

PERFORMANCE

Any play, motion picture, dance or other exhibition performed before an audience.

PROSTITUTION

A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.