[Adopted 3-22-1983 by Ord. No. 339 (Ch. 45, Art. I, of the
1994 Code)]
For the purpose of this article, the words and phrases set forth
below shall have the meanings ascribed to them:
AUDIENCE
One or more persons who are permitted to view a performance
for valuable consideration or 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 content or 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 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, newspaper, pictures, photographs, drawings, three-dimensioned
forms, sculptures and phonograph, tape or wire recordings.
MINOR
Any person under 18 years of age.
NUDITY
Uncovered or less than opaquely covered post-pubertal human
genitals or pubic area, the post-pubertal 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 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 interest 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: considered as a whole, by the average
person, applying the contemporary community standards of the Borough
of Littlestown, it appeals to the prurient interest; and it depicts,
describes or represents in a patently offensive way sexual conduct,
as hereinafter defined; and 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: considered as a whole by
the average person applying the contemporary community standards of
the Borough of Littlestown with respect to what is suitable for minors,
it is presented in such a manner as to appeal to a minor's prurient
interest; and it depicts, describes or represents in a patently offensive
way nudity or sexual conduct as hereinafter defined; and it lacks
serious literary, artistic, political or scientific value for minors.
PRURIENT INTEREST
Desire or craving for sexual stimulation or gratification.
In determining "prurient interest," the material or performance shall
be judged with reference to the average persons, unless it appears
from the character of the material or performance that it is designed
to appeal to the prurient interest 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, 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 purpose of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public
transportation, owned or operated by the 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 person being fettered, bound or otherwise
physically restrained, in an apparent act of sexual stimulation or
gratification.
SEXUAL CONDUCT
B.
Sexual intercourse, whether genital-genital, oral-genital, oral-anal
or anal-genital.
C.
Any erotic fondling or touching of the covered or uncovered genitals, buttocks, pubic area or any part thereof of the breasts of the female, whether the conduct described in Subsections
A through
C 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.
F.
Sadomasochistic abuse as hereinbefore defined.
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.
It shall be an affirmative defense to a prosecution under §
329-2 or
329-3 of this article if the pornographic material was disseminated by a person who was acting in his capacity as:
A. A teacher of an accredited course of study related to pornography
at a state-approved educational institution;
B. A licensed medical practitioner or psychologist in the treatment
of a patient; or
C. A participant in the criminal justice system such as a legislator, judge, prosecutor, law enforcement official or other similar or related position; or a supplier to any person described in Subsections
A through
C above.
[Adopted 3-22-1983 by Ord. No. 341 (Ch. 45, Art. II, of the
1994 Code)]
The following words and phrases, when used in this article,
shall have the meanings ascribed in this section, unless the context
requires otherwise:
NUDITY
Uncovered or less than opaquely covered post-pubertal human
genitals or pubic area, the post-pubertal 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 the nipple and the areola only are covered.
OBSCENE PERFORMANCE
A play, motion-picture, dance, show or other presentation,
whether picture, animated or live, performed before an audience and
which in whole or in part depicts or reveals nudity, sexual conduct,
sexual excitement or sadomasochistic abuse, or which includes obscenities
or explicit verbal descriptions or narrative accounts of sexual conduct.
OBSCENE/OBSCENITY
Shall be defined in accordance with and by reference to prevailing
United States Supreme Court decisions. See, for example, Miller v.
California, 413 U.S. 15, 93 S. Ct. 2607, 37 L.Ed. 2d 419 (1973); thus,
a work, performance, statement or expression of opinion would, under
current case law, be "obscene" or an "obscenity" if:
[Amended 7-22-2008 by Ord. No. 625]
A.
The average person, applying contemporary community standards,
would find that the work, performance, statement or expression of
opinion, taken as a whole, appeals to the prurient interest;
B.
The work, performance, statement or expression of opinion depicts,
describes or contains, in a patently offensive way, sexual conduct
such as:
(1)
Patently offensive representations or descriptions of ultimate
sex acts, normal or perverted, actual or simulated; or
(2)
Patently offensive representations or descriptions of masturbation,
excretory functions, and lewd exhibition of the genitals; and
C.
The work, performance, statement or expression of opinion, taken
as a whole, lacks serious literary, artistic, political, or scientific
value.
PERSON
Any natural person or corporation or other artificial entity
who or which is the operator of owner of a place of entertainment
where the public is invited to come and participate in or view a performance
of any kind. The term "person" shall specifically include the individual
immediately in charge of the place of entertainment and also the owners
thereof and, if the ownership is corporate or otherwise artificial
in nature, the officers, directors and chief operating personnel of
such corporation or entity.
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 person being fettered, bound or otherwise
physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of
the genitals, pubic areas or buttocks of the human male or female
or the breasts of the female, whether alone of between members of
the same or opposite sex or between humans and animals, in an act
of apparent sexual stimulation or gratification.
A person commits an offense if he, within the Borough of Littlestown,
Adams County, Pennsylvania, knowingly or recklessly exhibits or permits
the exhibition of an obscene performance to any members of the public.
An offense hereunder shall include the entire obscene performance
and, in case of performances through the medium of a projected movie
film, each frame or individual picture so projected shall also constitute
a separate and additional offense.