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BDSM and The Law

 
North Carolina

This is NOT legal advice.

If you live in North Carolina  ask your Legislator to change these laws

Age of Consent in North Carolina is 18

 “Obscene” means material that meets the following criteria:

(i) When examined in its totality, the material appeals to a prurient interest.

(ii) The material depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law.

(iii) When examined in its totality, the material lacks serious literary, artistic, political, or scientific value.

§ 14-190.1. Obscene literature and exhibitions. (a) It shall be unlawful for any person, firm or corporation to intentionally disseminate obscenity. A person, firm or corporation disseminates obscenity within the meaning of this Article if he or it: (1) Sells, delivers or provides or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or (2) Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or (3) Publishes, exhibits or otherwise makes available anything obscene; or (4) Exhibits, presents, rents, sells, delivers or provides; or offers or agrees to exhibit, present, rent or to provide: any obscene still or motion picture, film, filmstrip, or projection slide, or sound recording, sound tape, or sound track, or any matter or material of whatever form which is a representation, embodiment, performance, or publication of the obscene. 

(b) For purposes of this Article any material is obscene if: (1) The material depicts or describes in a patently offensive way sexual conduct specifically defined by subsection (c) of this section; and (2) The average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material taken as a whole appeals to the prurient interest in sex; and (3) The material lacks serious literary, artistic, political, or scientific value; and (4) The material as used is not protected or privileged under the Constitution of the United States or the Constitution of North Carolina. 

(c) As used in this Article, "sexual conduct" means: (1) Vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted; or (2) Masturbation, excretory functions, or lewd exhibition of uncovered genitals; or (3) An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in revealing or bizarre costume. (d) Obscenity shall be judged with reference to ordinary adults except that it shall be judged with reference to children or other especially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be especially designed for or directed to such children or audiences. (e) It shall be unlawful for any person, firm or corporation to knowingly and intentionally create, buy, procure or possess obscene material with the purpose and intent of disseminating it unlawfully. (f) It shall be unlawful for a person, firm or corporation to advertise or otherwise promote the sale of material represented or held out by said person, firm or corporation as obscene. (g) Violation of this section is a Class I felony. (h) Obscene material disseminated, procured, or promoted in violation of this section is contraband. (i) Nothing in this section shall be deemed to preempt local government regulation of the location or operation of sexually oriented businesses to the extent consistent with the constitutional protection afforded free speech. (1971, c. 405, s. 1; 1973, c. 1434, s. 1; 1985, c. 703, s. 1; 1993, c. 539, s. 1194; 1994, Ex. Sess., c. 24, s. 14(c); 1998-46, s. 2.) § 14-190.2. Repealed by Session Laws 1985, c. 703, s. 2. § 14-190.3. Repealed by Session Laws 1985, c. 703, s. 3. § 14-190.4.

 
Preparation of obscene photographs, slides and motion pictures.
Every person who knowingly: (1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for the purpose of dissemination; or (2) Models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for the purpose of dissemination, shall be guilty of a Class 1 misdemeanor. (1971, c. 405, s. 1; 1985, c. 703, s. 5; 1993, c. 539, s. 123; 1994, Ex. Sess., c.
 


 Prostitution. - Engaging or offering to engage in sexual activity with or for another in exchange for anything of value. (5) Sexual Activity. - Any of the following acts: a. Masturbation, whether done alone or with another human or an animal. b. Vaginal, anal, or oral intercourse, whether done with another human or with an animal. c. Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female. d. An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a person clad in undergarments or in revealing or bizarre costume. e. Excretory functions; provided, however, that this sub-subdivision shall not apply to G.S.


14-190.17A. f. The insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure. (6) Sexually Explicit Nudity. - The showing of: a. Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast, except as provided in G.S. 14-190.9(b); or b. Covered human male genitals in a discernibly turgid state. (1985, c. 703, s. 9; 1989 (Reg. Sess., 1990), c. 1022, s. 2; 1993, c. 301, s. 2.) § 14-190.14.  (b) Punishment. - Violation of this section is a Class 2 misdemeanor. Each day's violation of this section is a separate offense. (1985, c. 703, s. 9; 1993, c. 539, s. 125; 1994, Ex. Sess., c. 24, s. 14(c).) § 14-190.15.       

Statute

14-177. Crime against nature

If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.

§ 14-204. Prostitution and various acts abetting prostitution unlawful.
It shall be unlawful:
(1) To keep, set up, maintain, or operate any place, structure, building or
conveyance for the purpose of prostitution or assignation.
(2) To occupy any place, structure, building, or conveyance for the purpose
of prostitution or assignation; or for any person to permit any place,
structure, building or conveyance owned by him or under his control to
be used for the purpose of prostitution or assignation, with knowledge
or reasonable cause to know that the same is, or is to be, used for such
purpose.
(3) To receive, or to offer or agree to receive any person into any place,
structure, building, or conveyance for the purpose of prostitution or
assignation, or to permit any person to remain there for such purpose.
(4) To direct, take, or transport, or to offer or agree to take or transport, any
person to any place, structure, or building or to any other person, with
knowledge or reasonable cause to know that the purpose of such
directing, taking, or transporting is prostitution or assignation.
(5) To procure, or to solicit, or to offer to procure or solicit for the purpose
of prostitution or assignation.
(6) To reside in, enter, or remain in any place, structure, or building, or to
enter or remain in any conveyance, for the purpose of prostitution or
assignation.
(7) To engage in prostitution or assignation, or to aid or abet prostitution or
assignation by any means whatsoever. (1919, c. 215, s. 1; C.S., s. 4358.)

 

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