As used in this chapter, the following terms shall have the
meanings indicated:
AVAILABLE TO THE PUBLIC
The 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 STANDARDS
The standards of the community from which the jury is drawn
or would be drawn if it were the trier of fact.
DISPLAYS PUBLICLY
Exposing, 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.
DISSEMINATE
To transfer possession of, with or without consideration.
EXPLICIT SEXUAL MATERIAL
Any 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 IMMORALITY
Any 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; KNOWLEDGE
Being 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.
MASSAGE
Any 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 ESTABLISHMENT
Any 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 MATTER
Any 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.
MINOR
Any person 18 years of age or younger.
MODEL STUDIO
Any 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.
NUDE
Includes 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.
OBSCENE
The 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 OFFENSIVE
So 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.
B.
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.
C.
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.
D.
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.
E.
A device designed and marketed as useful primarily for stimulation
of the human genital organs.
F.
Male or female genitals in a discernibly turgid state.
G.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any
excretory function.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition
performed before an audience.
PERSON
Individuals, 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.
PLACE
Includes, 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 MINORS
Any 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.
PROMOTE
To cause, permit, procure, counsel or assist.
PUBLICATION
Any 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.
SALE
A 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 PATRONS
The 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 DEVICE
Any 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.