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.
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.
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.
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.
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.