For the purpose of this chapter, the words and
phrases set forth below shall have the meaning respectively ascribed
to them:
AUDIENCE
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
DISPLAY PUBLICLY
The exposing, placing, posting, exhibiting, or in any other
fashion displaying in any location, whether public or private, material
or performance in such a manner that it may be readily seen and its
content or character distinguished by normal unaided vision viewing
it from a public place or vehicle.
DISSEMINATE
To manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the same.
MATERIAL
Any printed matter, visual representation, or sound recording,
and includes, but is not limited to, books, magazines, motion-picture
films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensioned
forms, sculptures, and phonograph, tape or wire recordings.
MINOR
Any person under 18 years of age.
NUDITY
Uncovered, or less than opaquely covered, post-pubertal human
genitals or pubic area, the post-pubertal human female breast below
a point immediately above the top of the areola or the covered human
male genitals in a discernibly turgid state. For the purpose of this
definition, a female breast is considered uncovered if the nipple
only or the nipple and the areola only are covered.
PANDER
Advertising or propagandizing in connection with the sale
of material, the offering of a service, or the presentation or exhibition
of a performance by appealing to the prurient interest of potential
customers.
PERFORMANCE
Any live or reproduced exhibition, including, but not limited
to, any play, motion-picture film, dance or appearance presented to
or performed before an audience.
PORNOGRAPHY
Any material or performance, except as hereinafter in this
subsection set forth, is pornography if all of the following elements
are presented:
A.
Considered as a whole by the average person,
applying contemporary community standards of the Township of White,
if appeals to the prurient interest.
B.
It depicts, describes or represents in a patently
offensive way, sexual conduct, as hereinafter defined.
C.
It lacks serious literary, artistic, political
or scientific value; provided, however, that anything contained in
this chapter to the contrary, notwithstanding, pornography shall not
include any motion-picture film which:
(1)
Carries a rating of G, PG, R or X, as is currently
granted by the Motion Picture Rating Board of the Motion Picture Producers
and Distributors Association, or any other rating which from time
to time may be customarily granted by said Motion Picture Rating Board.
(2)
Carries the symbol of said Motion Picture Producers
and Distributors Association.
PORNOGRAPHY FOR MINORS
Any material or performance, except as hereinafter in this
subsection set forth, is pornography for minors, if all of the following
elements are present:
A.
Considered as a whole by the average person,
applying the contemporary community standards of the Township of White
with respect to what is suitable for minors, it is presented in such
a manner as to appeal to a minor's prurient interest.
B.
It depicts, describes or represents in a patently
offensive way nudity or sexual conduct as hereinafter defined.
C.
It lacks serious literary, artistic, political
or scientific value for minors; provided, however, that anything contained
in this chapter to the contrary notwithstanding, pornography for minors
shall not include any motion-picture film which:
(1)
Carries a rating of G, PG, R, or X, as is currently
granted by the Motion Picture Rating Board of the Motion Picture Producers
and Distributors Association, or any other rating which from time
to time may be customarily granted by said Motion Picture Rating Board.
(2)
Carries the symbol of said Motion Picture Producers
and Distributors Association.
PRURIENT INTEREST
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with reference to average persons, unless it appears from
the character of the material or performance that it is designed to
appeal to the prurient interest of a particular group of persons,
including, but not limited to, homosexuals or sadomasochists. In this
case, it shall be judged with reference to the particular group for
which it was designed.
PUBLIC PLACE OR VEHICLE
Any of the streets, alleys, parks, boulevards, schools or
other public property in the Township, or any dance hall, rental hall,
theater, amusement park, liquor establishment, store, depot, place
of public accommodation, or other private property generally frequented
by the public for the purposes of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public
transportation, owned or operated by government, either directly or
through a public corporation or authority, or owned or operated by
any nongovernmental agency for the use, enjoyment or transportation
of the general public.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in a sexually revealing or bizarre costume,
or the condition of such person being fettered, bound or otherwise
physically restrained, in an apparent act of sexual stimulation or
gratification.
SEXUAL CONDUCT
B.
Sexual intercourse, whether genital-genital,
oral-genital, oral-anal or anal-genital.
C.
Any erotic fondling or touching of the covered
or uncovered genitals; buttocks, pubic area, or any part thereof the
breasts of the female; whether the conduct described is engaged in
alone or between members of the same or opposite sex, or between humans
and animals or humans and inanimate objects.
D.
Actual or simulated display or exhibition of
the human pubic area or genitals or any part thereof.
E.
Sexual excitement, as hereinafter defined.
F.
Sadomasochistic abuse as hereinabove defined.
SEXUAL EXCITEMENT
The facial expressions, movements, utterances or other responses
of a human male or female, whether alone or with others, whether clothed
or not, who is in an apparent state of sexual stimulation or arousal,
or experiencing the physical or sensual reactions of humans engaging
in or witnessing sexual conduct.
It shall be an affirmative defense to a prosecution under §§
203-2 or
203-3 of this chapter if the pornographic material was disseminated by a person who was acting in his capacity as:
A. A teacher of an accredited course of study related
to pornography at a state-approved educational institution.
B. A licensed medical practitioner or psychologist in
the treatment of a patient.
C. A participant in the criminal justice system, such
as a legislator, judge, prosecutor, law enforcement official or other
similar or related position.
D. A supplier to any person described in Subsections
A through
C above.