[HISTORY: Adopted by the Borough Council of the Borough of Derry as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-1986 by Ord. No. 571 (Ch. VI, Part 1, Section 10, of the 1975 Code of Ordinances)]
No person shall:
A. 
Sell, lend, distribute, exhibit, give away or show any materials depicting nudity to any person under the age of 18 years;
B. 
Sell, lend, distribute, exhibit, give away or show any materials depicting or describing sexual conduct involving a person or persons under the age of 18 years;
C. 
Sell, lend, distribute, exhibit, give away or show any materials depicting or describing the use of force, violence or other coercion in connection with sexual conduct;
D. 
Sell, lend, distribute, exhibit, give away or show any materials depicting or describing bestiality;
E. 
Produce or reproduce, for sale, or other distribution in violation of this section, by use of the print media, visual representations or photographic images, any of the materials prohibited in this section.
As used in this article, the following words and phrases shall have the meanings given to them in this section:
BESTIALITY
Sexual conduct between or among a human being or human beings and an animal or animals.
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state.
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 exhibition of the genitals.
[Amended 4-9-2024 by Ord. No. 809]
It is a specific finding of the Borough Council of the Borough of Derry, after citizen input, individual study and extensive debate, that those materials which have been prohibited from sale or distribution to persons over the age of 17 years by this article, are patently offensive.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).