As used in this chapter, the following terms
shall have the meanings indicated:
AVAILABLE TO THE PUBLIC
The matter or performance may be purchased or attended on
a subscription basis, on a membership fee arrangement, or for a separate
fee for each item or performance.
COMMUNITY STANDARDS
The standards of the community from which the jury is drawn
or would be drawn if it were the trier of the fact.
DISPLAYS PUBLICLY
Exposing, placing, posting, exhibiting, or in any fashion
displaying in any location, whether public or private, an item in
such a manner that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from a street, highway,
or public sidewalk or from the property of others.
DISSEMINATE
To transfer possession of, with or without consideration.
EXPLICIT SEXUAL MATERIAL
Any pictorial, two- or three-dimensional material depicting
human masturbation, deviate sexual intercourse, sexual intercourse,
direct physical stimulation or unclothed genitals, sadomasochistic
abuse, or emphasizing the depiction of post-pubertal human genitals;
provided, however, that works of art or of anthropological significance
shall not be deemed to be included in the foregoing definition.
ILLICIT SEX or SEXUAL IMMORALITY
Any public display of human genitals in a state of sexual
stimulation or arousal; acts of human masturbation, sexual intercourse,
or sodomy; fondling or other erotic touching of human genitals, pubic
region, buttocks, or female breast.
KNOWINGLY or HAVE KNOWLEDGE
Being aware of or having knowledge of the contents or character
of the patently offensive conduct, demonstration, film, publication,
or acts of lewdness, assignation or prostitution which occur on the
premises or failure to exercise reasonable inspection which would
disclose such character.
MASSAGE
Any process consisting of kneading, rubbing or otherwise
manipulating the skin of the body of a human being either with the
hand or by means of electrical instruments or apparatus or other special
apparatus where performed on a member of the opposite sex, but shall
not include massages by duly licensed physicians, osteopaths, chiropractors,
registered nurses and practical nurses operating under a physician's
directions, registered speech pathologists, physical or occupational
therapists and properly licensed masseur or masseuse who treat only
patients recommended by a licensed physician and who operate only
under such physician's direction, nor shall this definition include
any massage of the face or neck practiced by beauticians, cosmetologists
and barbers duly licensed.
MASSAGE ESTABLISHMENT
Any building, room, place or establishment where, for any
form of consideration or gratuity, massage is applied upon the human
body by anyone not a duly licensed physician, osteopath, chiropractor,
registered nurse and practical nurse operating under a physician's
directions, registered speech pathologist, physical or occupational
therapist and properly licensed masseur and masseuse who treat only
patients recommended by a licensed physician and operate only under
such physician's direction, whether with or without the use of mechanical,
therapeutic or bathing devices, and shall include Turkish bathhouses.
The term shall not include a regularly licensed hospital, medical
clinic or nursing home, duly licensed beauty parlors or barbershops.
MATERIAL or MATTER
Any book, magazine, newspaper or other printed or written
material or any picture, drawing, photograph, motion picture, or other
pictorial representation or any statue or other figure, or any recording,
transcription or mechanical, chemical, or electrical reproduction
or any other articles, equipment or machines.
MINOR
Any person 17 years of age or younger.
MODEL STUDIO
Any premises on which there is conducted the business of
furnishing figure models who pose in the nude for the purpose of being
observed or viewed by any person or of being sketched, painted, drawn,
sculptured, photographed or otherwise similarly depicted for persons
who pay a fee, or other consideration or compensation, or a gratuity,
for the right or opportunity so to depict the figure model, or for
admission to, or for permission to remain upon, or as a condition
for remaining upon the premises; or any premises where there is conducted
the business of furnishing or providing or procuring, for a fee or
other consideration or compensation or gratuity, figure models who
pose in the nude to be observed or viewed by any person or to be sketched,
painted, drawn, sculptured, photographed or otherwise similarly depicted;
provided, however, that the term "model studio" shall not include:
A.
Any studio which is operated by any college or junior college,
public school, or any governmental agency wherein the person, firm,
association, partnership, or corporation operating it has met the
requirements of the Commonwealth of Pennsylvania for the issuance
or conferring of, and is in fact authorized thereunder to issue and
confer, a diploma or honorary diploma; or
B.
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection
A of this definition; or
C.
Any studio operated by a tax-exempt, nonprofit corporation devoted
to the development of art and its appreciation.
NUDE
Includes completely without clothing or with the human male
or female genitals, pubic area or buttocks with less than a full 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 covered male genitals in a discernibly turgid state.
A.
His or her genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region;
B.
Any device, costume or covering which gives
the appearance of or simulates the genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region; or
C.
Any portion of the female breast at or below
the areola thereof.
OBSCENE
The average person applying contemporary community standards
would find that the predominant appeal of the subject matter, taken
as a whole, is to prurient interest, that is, a shameful or morbid
interest in sexual conduct, nudity, or excretion, and the subject
matter depicts or describes sexual conduct in a patently offensive
manner, and the subject matter, taken as a whole, lacks serious literary,
artistic, political or scientific value.
PATENTLY OFFENSIVE
So offensive on its face as to affront current standards
of decency, and shall be deemed to include any of the following described
forms of sexual conduct, if they are depicted so as to affront current
standards of decency:
A.
An act of sexual intercourse, normal or perverted,
actual or simulated, real or animated, including genital-genital,
anal-genital, or oral-genital intercourse, whether between human beings
or between a human being and an animal.
B.
Sadomasochistic abuse, meaning flagellation
or torture or sexual gratification, by or upon a person who is nude
or clad in undergarments or in revealing costume, or the condition
of being fettered, bound or otherwise physically restrained on the
part of the one so clothed.
C.
Masturbation, excretory functions, and lewd
exhibition of the genitals, including any explicit close-up representation
of a human genital or organ or spread-eagle exposure of female genital
organs.
D.
Physical contact or simulated physical contact
with the clothed or naked pubic area or buttocks of a human male or
female, or the breasts of the female, whether alone or between members
of the same or opposite sex, between humans and animals in an act
of apparent sexual stimulation or gratification.
E.
A device designed and marketed as useful primarily
for stimulation of the human genital organs.
F.
Male or female genitals in a discernibly turgid
state.
G.
Fellatio, cunnilingus, anal sodomy, seminal
ejaculation, or any excretory function.
PERFORMANCE
Any preview, play, show, skit, film, dance, live nude dance,
or other exhibition performed before an audience.
PERSON
Individuals, partnerships, firms, corporations, associations,
joint-stock companies, trusts and any unincorporated organizations.
Whenever used in a clause describing or imposing a fine or term of
imprisonment, or both, the term "person" as applied to a partnership
shall mean the partners or members thereof, and as applied to a corporation
or joint-stock company shall mean the officers thereof and as applied
to a trust shall mean the trustees thereof.
PLACE
Includes, but is not limited to, any building, structure
or space, or any separate part or portion thereof, whether permanent
or not, or the ground itself.
PORNOGRAPHIC FOR MINORS
Any material or device or performance is "pornographic for
minors" if it is primarily devoted to description or representation,
in whatever form, of nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse and its predominant appeal is to prurient interest
in sex and if it is patently offensive to prevailing standards in
the adult community as a whole with respect to what is suitable material
for minors and it lacks serious literary, artistic, political or scientific
value for minors.
PROMOTE
To cause, permit, procure, counsel or assist.
PUBLICATION
Any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording, or motion-picture film which
is displayed in an area open to the public, offered for sale or exhibited
in a coin-operated machine.
SALE
A passing of title or right of possession from a seller to
a buyer for consideration and shall include, but is not limited to,
any lease or rental arrangement or other transaction wherein or whereby
any consideration is received for the use of, or transfer of possession
of, obscene matter.
SERVICE TO PATRONS
The provision of services to paying guests in establishments
providing food and beverages, including, but not limited to, hostessing,
hatchecking, cooking, bartending, serving, table setting and clearing,
waiting and waitressing and entertaining.
SEXUAL DEVICE
Any instrument or appliance primarily designed, promoted
or marketed for the purposes of artificially causing stimulation,
stimulating or enhancing sexual conduct, except that any such device
which is sold, distributed or displayed for bona fide medical purposes
shall not be included within this definition.
It shall be unlawful for any person for pecuniary gain or other
consideration to:
A. No person shall knowingly either sell, rent, distribute,
exhibit, show, transmit, publicly display, or offer either to sell,
rent, distribute, exhibit, show or transmit, or have in his possession
or under his control with intent either to sell, rent, distribute,
exhibit, show or transmit to another, any obscene motion-picture film
or any obscene literature, book, magazine, pamphlet, newspaper, storybook,
paper, comic book, writing, drawing, photograph, figure, image, or
any written or printed matter of an obscene nature or any device,
article or instrument of an obscene nature.
B. No person
shall knowingly participate in, support or in any way aid or assist
any person in selling, renting, distributing, or showing any obscene
motion-picture film, or any obscene literature, book, magazine, pamphlet,
newspaper, storybook, paper, comic book, writing, drawing, photograph,
figure or image or any written or printed matter of any obscene nature
or any device, article or instrument of an obscene nature.
C. No person
shall knowingly design, copy, draw, photograph, print, utter, publish
or in any manner manufacture or prepare any obscene motion-picture
film, or any obscene book, picture, film, drawing, magazine, pamphlet,
newspaper, storybook, paper, comic book, writing, figure, image, matter,
device, article, or instrument of an obscene nature.
D. No person
shall knowingly produce, present, or direct any obscene performance
or participate in the portion thereof which is obscene.
E. No person,
being the owner or lessee of any premises or having control thereof,
shall knowingly permit within or upon said premises the exhibition,
projection or showing of any motion-picture film, show, presentation
or performance of an obscene nature or permit anyone to sell, rent,
distribute, exhibit, give away or show any obscene literature, book,
magazine, pamphlet, newspaper, storybook, paper, comic book, writing,
drawing, photograph, figure or image, or any written or printed matter
of an obscene nature.
F. No person
shall knowingly write, print, publish or utter, or cause to be printed,
published or uttered, any advertisement or notice of any kind giving
information directly or indirectly, stating or purporting to state
where, how or whom or by what means, any obscene motion-picture film,
picture, book, writing, paper, comic book, figure, image, matter,
article or thing of an obscene nature can be seen, purchased, obtained
or had.
G. No person
shall own, operate or maintain any massage parlor or model studio
which, as a regular course of business, is used for the purpose of
lewdness, assignation or prostitution, and every such massage parlor
or model studio in or upon which acts of lewdness, assignation or
prostitution are held or occur is declared to be a public nuisance.
H. No person
shall knowingly lease, own, or make available for such purposes a
massage establishment or engage in or offer to engage in for pecuniary
gain or consideration the practice of massage as such conduct is defined
herein.
I. No person
shall knowingly publicly display explicit sexual material or fail
to take prompt action to remove the display of explicit sexual material
from property in his possession after learning of its existence.
J. No person
shall knowingly furnish pornographic material to minors.
K. No person shall display at newsstands or any other business establishment frequented by minors or where said minors are or may be invited as a part of the general public, or where they may view same, any material depicting the acts specified in §
227-2 of this chapter, male or female buttocks or genitals or the female breast below a point immediately above the top of the areola.
L. In addition to any other violations or penalties prescribed herein, any person in the Township who has in his possession or under his control with intent to sell, rent, distribute, exhibit, show or transmit to another, any obscene motion-picture film or any obscene literature, book, magazine, pamphlet, newspaper, storybook, paper, comic book, writing or any other written or printed matter containing photographs or photographic images depicting children under the age of 17 years, participating, performing, or observing any of the acts defined in §
227-2 of this chapter, shall be guilty of a summary offense and upon conviction thereof, shall be sentenced to pay a fine not exceeding $1,000 for each offense or undergo imprisonment for a period not exceeding 90 days, or both, in addition to any other penalties imposed. Each and every alleged violation shall constitute a separate offense.
M. Any obscene
literature or film displaying or presenting pictures, photographs
or photographic images depicting prepubescent children exhibiting
underdeveloped genitalia or breasts shall be a per se violation of
the provisions of this section without further proof of age.
N. No person
shall knowingly promote the commission of any of the above listed
acts.