City of Scranton, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Scranton as Ord. No. 41-1981 (Sec. 21-37 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 336.

§ 324-1 Prohibited acts.

No person, knowing the obscene character of the materials involved, shall:
A. 
Display or cause or permit the display of any obscene materials in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion-picture-screen marquee or similar place in such manner that the display is visible from any public street, highway, sidewalk, transportation facility or other public thoroughfare.
B. 
Sell, lend, distribute, exhibit, give away or show any obscene materials to any person seventeen (17) years of age or younger or offer to sell, lend, distribute, exhibit or give away or show or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene materials to any person seventeen (17) years of age or younger or knowingly advertise any obscene materials in any manner.
C. 
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.
D. 
Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom or by what means any obscene materials can be purchased, obtained or had.
E. 
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this subsection.

§ 324-2 Definitions.

As used in this chapter the following words and phrases shall have the meanings given to them in this subsection:
COMMUNITY
For the purpose of applying the contemporary community standards in this section, "community" means the state.
KNOWING
As used in § 324-1, "knowing" means having general knowledge of, or reason to know or a belief or grounds for belief which warrants further inspection or inquiry of, the character and content of any material described therein which is reasonably susceptible to examination by the defendant.
OBSCENE MATERIALS
Any literature, including any book, magazine, pamphlet, newspaper, story paper, comic book or writing, and any figure, visual representation or image,including any drawing, photograph, picture or motion picture, if:
A. 
The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
B. 
The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this section.
C. 
The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibitions of the genitals.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad cars, buses and air, boat, railroad and bus terminals and stations.

§ 324-3 Minors.

A. 
No person shall knowingly disseminate, by sale, loan or otherwise, explicit sexual materials to a minor. "Explicit sexual materials" as used in this subsection, means materials which are obscene or:
(1) 
Any picture, photograph, drawing, sculpture, motion-picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors; or
(2) 
Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in § 324-3A(1) or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
B. 
Admitting minor to show. It shall be unlawful for any person knowingly to exhibit for monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion-picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors, except that the foregoing shall not apply to any minor accompanied by his parent.
C. 
Definitions for this section. As used in this section the following words and phrases shall have the meanings given to them in this subsection:
MINOR
Any person under the age of seventeen (17) years.
NUDITY
The showing of the human male or female genitals, pubic area or buttocks with less than a fully 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 discernibly turgid state.
SEXUAL CONDUCT
Acts of masturbation, homosexuality, sexual intercourse, of physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
HARMFUL TO MINORS
That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
(1) 
Predominantly appeals to the prurient, shameful, or morbid interest of minors.
(2) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
(3) 
Is utterly without redeeming social importance for minors.
KNOWINGLY
Having general knowledge of or reason to know or a belief or grounds for belief which warrants further inspection or inquiry of both:
(1) 
The character and content of any material described herein which is reasonably susceptible of examination by the defendant.
(2) 
The age of the minor; 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.

§ 324-4 Requiring sale as conditions of business dealings.

No person shall knowingly require any distributor or retail seller as a condition to sale or delivery for resale or consignment of any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure or image or any written or printed matter or any article or instrument to purchase or take by consignment for purposes of sale, resale or distribution any obscene literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure or image or any written or printed matter of an obscene nature or any article or instrument of an obscene nature.

§ 324-5 Injunction.

The Mayor may institute proceedings in equity in the Court of Common Pleas of Lackawanna County when any person violates or clearly is about to violate this chapter for the purpose of enjoining such violation.

§ 324-6 Exemptions.

Nothing in this chapter shall apply to any recognized historical society or museum accorded charitable status by the federal government, any county, city, borough, township or town library, any public school, college or university or any archive or library under the supervision and control of the commonwealth or a political subdivision.