§ 129B.001.Definitions

Seven definitions, and the sixth carries the constitutional weight.

"Sexual material harmful to minors" uses a three-part test, all of which must be met. The material must be one that the average person applying contemporary community standards would find, taken as a whole and with respect to minors, is designed to appeal to or pander to the prurient interest; must in a manner patently offensive with respect to minors exploit or principally consist of the described depictions; and must, taken as a whole, lack serious literary, artistic, political, or scientific value for minors.

That is the Miller obscenity test with "for minors" written into each limb — the variable obscenity approach the Supreme Court has long accepted for material that is obscene as to children though not as to adults.

"Artificial sexual material harmful to minors" is computer-generated material of the same character produced, adapted, or modified using an artificial intelligence application or other computer software in which a person is recognizable as an actual person by face, likeness, or another distinguishing characteristic such as a birthmark.

Recognisability as a real person is the limit. Wholly synthetic material depicting no identifiable individual falls outside this definition, though it may still be sexual material harmful to minors under the general one.

"Publish" means to communicate or make available on a publicly available Internet website, and "distribute" is broader still, reaching any means of transfer.

"News-gathering organization" is defined by employment and documentation, covering print, online, radio, television, cable and wire service employees acting in the course of employment.

"Transactional data" supports the age verification methods, and expressly includes mortgage, education and employment records.