Township of Thornbury, PA Obscene Materials

[Ord. 2-1996, 3/6/1996, § 2]

Offenses Defined. No person, partnership or corporation knowing the obscene character of the materials or performances involved shall, within the Township of Thornbury:

Display or cause or permit the display of any explicit sexual materials as defined in § 6-403 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 or in any business or commercial establishment where minors, as a part of the general public or otherwise, are or will probably be exposed to view all or any part of such materials.

Sell, lend, distribute, exhibit, give away or show any obscene materials to any person 18 years of age or older 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 18 years of age or older or knowingly advertise any obscene materials in any manner.

Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.

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.

Produce, present or direct any obscene performances or participate in a portion thereof that is obscene or that contributes to its obscenity.

Hire, employ or use or permit any minor child to do or assist in doing any act or thing mentioned in this Subsection 1.

Definitions. As used in this article, the following words or phrases shall have the meanings given to them in this Subsection 1.

COMMUNITY

For the purpose of applying the "contemporary community standards" in this article, community means the state.

KNOWING

As used in Subsection 1, knowing means having a general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry of the character and content of any material or performance described therein which is reasonably susceptible of examination by the person charged with violation of this article.

MATERIAL

Any literature, including any book, magazine, pamphlet, newspaper, story paper, bumper sticker, comic book or writing; any figure, visual representation or image, including any drawing, photograph, picture, video tape or motion picture.

NUDE

The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.

OBSCENE

Any material or performance, if:

(1)

The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.

(2)

The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this article.

(3)

The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

PERFORMANCE

Any play, dance or other live exhibition performed before an audience.

SADOMASOCHISTIC ABUSE

In a sexual context, flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or in a bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.

SEXUAL CONDUCT

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, anal or oral sodomy and sexual bestiality and patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse 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, water craft, railroad cars, buses and air, boat, railroad and bus terminals and stations.

Dissemination to Minors. 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:

Any picture, photograph, drawing, sculpture, motion picture film, video tape or similar visual which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors.

Any book, pamphlet, magazine, printed material however reproduced or sound recording which contains any verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.

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 or performance 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.

Definitions. As used in Subsections 3 and 4 of this section.

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)

Predominately 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 materials for minors.

(3)

Taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.

KNOWINGLY

Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

(1)

The character and content of any material or performance described herein which is reasonably susceptible of examination by the person charged with violation of this article.

(2)

The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the person charged with violation of this article made reasonable bona fide attempt to ascertain the true age of such minor.

MINOR

Any person under age of 18 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.

SADOMASOCHISTIC ABUSE

Flagellation or torture by or upon a person who is clad in undergarments, a mask or in bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

SEXUAL CONDUCT

Acts of masturbation, homosexuality, sexual intercourse, sexual bestiality or 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.

Requiring Sale as a Condition 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, video tape, 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, video tape, figure or image or any written or printed matter of an obscene nature or any article or instrument of an obscene nature.