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:
A.
For valuable consideration; or
B.
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 a performance in such a manner that it may be readily seen and
its contents and 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 the same 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-dimensional
forms, sculptures and phonograph-type or wire recordings.
MINOR
Any person under 18 years of age.
NUDITY
Uncovered or less than opaquely covered postpubertal human
genitals or pubic area, the postpubertal 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 if 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 interests 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 is pornography if all of the
following elements are present:
A.
Considered as a whole by the average person applying the contemporary
community standards of the Borough of Masontown, it appeals to the
prurient interests;
B.
It depicts, describes or represents in a patently offensive
way sexual conduct, as hereinafter defined; and
C.
It lacks serious literary, artistic, political or scientific
value.
PORNOGRAPHY FOR MINORS
Any material or performance 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 Borough of Masontown, with respect to what
is suitable for minors, it is presented in such a manner as to appeal
to a minor's prurient interests;
B.
It depicts, describes or represents in a patently offensive
way nudity or sexual conduct as hereinafter defined; and
C.
It lacks serious literary, artistic, political or scientific
value for minors.
PRURIENT INTERESTS
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with a reference to average persons, unless it appears from
the character of the material or performance that it is designed to
appeal to the prurient interests of a particular group of persons,
including but not limited to homosexuals or sadomasochists. In that
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 Borough of Masontown, 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,
amusements, 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 a person being fettered, bound or otherwise
physically restrained in an apparent act of sexual stimulation or
gratification.
SEXUAL CONDUCT
B.
Sexual intercourse, whether genital to genital, oral to genital,
oral to anal or anal to genital;
C.
Any exotic 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 in Subsections
A through
B 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; or
F.
Sadomasochistic abuse as hereinafter described.
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.