As used in this chapter, the following terms shall have the meanings indicated:
AVAILABLE TO THE PUBLICThe matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
COMMUNITY STANDARDSThe standards of the community from which the jury is drawn or would be drawn if it were the trier of fact.
DISPLAYS PUBLICLYExposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others.
DISSEMINATETo transfer possession of, with or without consideration.
EXPLICIT SEXUAL MATERIALAny pictorial, two- or three-dimensional material, depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochist abuse or emphasizing the depiction of postpubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be included in the foregoing definition.
ILLICIT SEX or SEXUAL IMMORALITYAny public display of human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
KNOWINGLY; KNOWLEDGEBeing aware of or having knowledge of the contents of character of the patently offensive conduct, demonstration, film, publication or acts of lewdness, assignation or prostitution which occur on the premises, or failure to exercise reasonable inspection which would disclose such character.
MASSAGEAny process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being either with the hand or by means of electrical instruments or apparatus or other special apparatus, where performed on a member of the opposite sex, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under a physician's directions, registered speech pathologists, physical or occupational therapists and properly licensed masseur or masseuse; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed.
MASSAGE ESTABLISHMENTAny building, room, place or establishment where, for any form of consideration or gratuity, massage is applied upon the body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse and practical nurse operating under a physician's directions, registered speech pathologist, physical or occupational therapist and properly licensed masseur or masseuse, whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. The term shall not include a regularly licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barbershops.
MATERIAL or MATTERAny book, magazine, newspaper or other printed material or any picture, drawing, photograph, motion picture or other pictorial representation or statue or other figure, or any recording, transaction or mechanical, chemical or electrical reproduction, or any other article, equipment or machine.
MINORAny person 18 years of age or younger.
MODEL STUDIOAny premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by a person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for persons who pay a fee or other consideration or compensation, or a gratuity, for the right or opportunity to so depict the figure model or for admission to or for permission to remain upon or as a condition for remaining upon the premises; or any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be similarly depicted; provided, however, that the term "model studio" shall not include: (i) any studio which is operated by any college or junior college, public school or any governmental agency wherein the person, firm, association, partnership or corporation operating it has met the requirements of the State of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma; or (ii) any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subsection (i) of this definition; or (iii) any studio operated by a tax-exempt nonprofit corporation devoted to the development of art and its appreciation.
NUDEIncludes completely without clothing or with the human male or female genitals, pubic area or buttocks with less than full 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 covered male genitals in a discernibly turgid state.
OBSCENEThe average person applying contemporary community standards would find that the predominant appeal of the subject matter taken as a whole is to prurient interest, that is, a shameful or morbid interest in sexual conduct, nudity or excretion; and the subject matter depicts or describes sexual conduct in a patently offensive manner and the subject matter, taken as a whole, lacks serious literary, artistic, political or scientific value.
PATENTLY OFFENSIVESo offensive on its face as to affront current standards of decency and shall be deemed to include any of the following described forms of sexual conduct, if they are depicted so as to affront current stands of decency:
A. An act of sexual intercourse, normal or perverted, actual or simulated, real or animated, including genital-genital, anal-genital or oral-genital intercourse, whether between human beings or between a human being and an animal.
Sadomasochistic abuse, meaning flagellation or torture or sexual gratification by or upon a person who is nude or clad in undergarments or in revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
Masturbation, excretory functions and lewd exhibition of the genitals, including any explicit close-up representation of human genital organs or spread-eagle exposure of female genital organs.
Physical contact or simulated physical contact with the clothed or naked pubic area or buttocks of a human male or female or the breast of the female, whether alone or between members of the same or opposite sex, between humans and animals in an act of apparent sexual stimulation or gratification.
A device designed and marketed as useful primarily for stimulation of the human genital organs.
Male or female genitals in a discernibly turgid state.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any excretory function.
PERFORMANCEAny preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSONIndividuals, partnerships, firms, corporation, associations, joint-stock companies, trusts and unincorporated organizations. Whenever used in a clause describing or imposing a fine or term of imprisonment, or both, the term "person" as applied to a partnership shall mean all the officers thereof; and as applied to a corporation or joint-stock company shall mean the officers thereof; and as applied to a trust shall mean the trustees thereof.
PLACEIncludes, but is not limited to, any building, structure or space, or any separate part or portion thereof, whether permanent or not, or the ground itself.
PORNOGRAPHIC FOR MINORSAny material or device or performance is "pornographic for minors" if it is primarily devoted to description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, and its predominant appeal is to prurient interest in sex, and it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and it lacks serious literary, artistic, political or scientific value for minors.
PROMOTETo cause, permit, procure, counsel or assist.
PUBLICATIONAny book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording or motion-picture film which is displayed in an area open to the public, offered for sale or exhibited in a coin-operated machine.
SALEA passing of title or right of possession from a seller to a buyer for consideration and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any consideration is received for the use of or transfer of possession of obscene matter.
SERVICE TO PATRONSThe provision of services to paying guests in establishments providing food and beverages, including, but not limited to, hostessing, hat-checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing and entertaining.
SEXUAL DEVICEAny instrument or appliance primarily designed, promoted or marketed for the purposes of artificially causing, stimulating or enhancing sexual conduct, except that any such device which is sold, distributed or displayed for bona fide medical purposes.