As used in this chapter, the following terms shall have the
meanings indicated:
KNOWINGLY
A.
Having knowledge of the character and content of the material
described herein.
B.
Having failed to exercise reasonable inspection which would
disclose its character and content.
OBSCENE MATERIAL FOR PERSONS UNDER 18 YEARS OF AGE
Any description, narrative account, display or depiction
of a specified anatomical area or specified sexual activity contained
in, or consisting of, a picture or other representation, publication,
sound recording, live performance or film which, by means of posing,
composition, format or animated sensual details, emits sensuality
with sufficient impact to concentrate prurient interest on the area
of activity.
RETAILER
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access for persons under 18 years
of age, who is in the business of making sales of periodicals or other
publications at retail containing pictures, drawings and photographs.
SPECIFIED ANATOMICAL AREA
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breasts below a point immediately above
the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Any act of human masturbation, sexual intercourse or deviate
sexual intercourse.
C.
Fondling or other erotic touching of covered or uncovered human
genitals, pubic region, buttock or female breast.
Offense. It shall be a petty disorderly persons offense for
a retailer to knowingly display or permit to be displayed at his/her
business premises any obscene material, as defined herein, at a height
of less than five feet or without a blinder or other covering placed
or printed on the front of the material displayed.
Public display of the obscene material, as defined herein, shall
constitute presumptive evidence that the retailer knowingly made or
permitted the display.
Any retailer who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Article
III, for each and every violation.