[HISTORY: Adopted by the Township Committee of the Township of West Deptford 10-13-1991 by Ord. No. 91-16. Amendments noted where applicable.]
Any matter or performance is obscene if:
The matter or performance depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated; and
The matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value; and
The average person, applying contemporary community standards, finds that the matter or performance, taken as a whole, appeals to the prurient interest.
- The sale of admission to view obscene material.
- (i) Knowing or having good reason to know the character of the matter or performance; or (ii) having failed to exercise reasonable inspection which would disclose the character of the matter or performance.
- Any book, magazine, newspaper, or printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials.
- 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, emit sensuality with sufficient impact to concentrate prurient interest on the area or activities.
- Any person who owns or has legal right to possession of any matter.
- Any play, motion picture, dance or other exhibition or presentation, whether pictures, animated or live, performed before an audience of one or more person(s).
- Any individual, partnership, firm, association, corporation or other legal entity.
- As used in this chapter: Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings, or photographs.
- SEXUAL CONDUCT
- Human genitals in a state of sexual stimulation or arousal, any act of human masturbation, excretory function, sexual intercourse, or deviant sexual intercourse, fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttocks or female breasts.
- SPECIFIED ANATOMICAL AREA
- (i) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areola; or (ii) human male genitals in a discernibly turgid state, even if covered.
- SPECIFIED SEXUAL ACTIVITY
- (i) Human genitals in a state of sexual stimulation or arousal; or (ii) any act of human masturbation, sexual intercourse, or deviant sexual intercourse; or (ii) fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttocks, or female breasts.
- THE PHRASE CONTEMPORARY COMMUNITY STANDARD
- The majority view as expressed through the Township Committee within the confines of the Township of West Deptford.
Every person who knowingly sends or causes to be sent, or brings or causes to be brought into the Township of West Deptford, for sale or distribution; or, in the Township of West Deptford, possesses, prepares, publishes or prints, with intent to distribute, or to exhibit to another, or who offers to distribute, distributes or exhibits to another any obscene matter is guilty of a misdemeanor.
Any retailer who displays or permits to be displayed at his business premises any obscene material for persons under 18 years of age 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 is guilty of a misdemeanor.
Any public display of obscene material for persons under 18 years of age as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display, and such retailer will be guilty of a misdemeanor.
Every person who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits any obscene performance is guilty of a misdemeanor.
It shall be an affirmative defense to a prosecution under this chapter for the defendant to show:
That the distribution was made to the recipient by a bona fide school, museum, or public library or by an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization acting in the course of his employment; or
That the act was done for legitimate scientific or educational purposes.
Any person who violated any of the provisions of this chapter shall be guilty of a misdemeanor, and shall, upon conviction, be fined in any amount not to exceed $500, or be imprisoned for any period not to exceed six months.
A violation of this chapter shall also be grounds for revocation of any licenses or certificate of occupancy issued by the township on the premises.