[HISTORY: Adopted by the Mayor and Council of the Borough of South River 4-20-1994 by Ord. No. 1994-13; amended in its entirety 4-8-1998 by Ord. No. 1998-11 (Ch. 142 of the 1977 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms have the definitions hereinafter given them:
- HARMFUL TO MINORS
- That quality of any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement, when it:
- A. Predominantly appeals to the prurient, shameful or morbid interest of minors in sex;
- B. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors;
- C. Taken as a whole lacks serious literary, artistic, political or scientific value.
- Having general knowledge of, or reason to know, or belief or ground for belief which warrants further inspection or inquiry of both:
- A. The character or content of any material which is reasonably susceptible of examination by the defendant; and
- B. The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
- Any person under the age of 18 years.
- The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breasts with less than a fully opaque covering of any portion thereof below of the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
- SEXUAL CONDUCT
- Any of the following depicted items:
- A. Any act of sexual intercourse, actual or simulated, 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 by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise physically restricted on the part of one so clothed.
- C. Masturbation or lewd exhibitions of the genitals including any explicit, close-up representations of the human genital organ.
- D. Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
- E. An act of sexual assault where physical violence or drugs are employed to overcome the will of or achieve the consent of a person to an act of sexual conduct and the effects or results of the violence or drugs are shown.
It is unlawful for any person commercially and knowingly to exhibit, display, sell, offer to sell, give away, circulate, distribute or attempt to distribute any material whose cover, covers or packaging, standing alone, is harmful to minors, in any place where minors are or may be present or allowed to be present and where minors are able to view such material, unless each item of such material is blocked from view by an opaque cover. The requirement of an opaque cover shall be deemed satisfied concerning such material if those portions of the cover, covers or packaging containing such material harmful to minors are blocked from view by an opaque cover.
The provisions of this chapter shall not apply to the distribution or attempt to distribute, the exhibition, display, sale, offer of sale, circulation or giving away of material harmful to minors where such material is sold, exhibited, displayed, offered for sale, given away, circulated, distributed or attempted to be distributed under circumstances where minors are not present, not allowed to be present or are not able to view such material or the cover, covers or packaging of such materials. Any business may comply with the requirements of this section by physically segregating such material in the manner so as to physically prohibit the access to and view of the material by minors, by prominently posting at the entrance or entrances to such restricted areas: "Adults Only — You must be 18 to enter," and by enforcing said restrictions.
The public display of any obscene material as defined in this chapter shall constitute presumptive evidence that the retailer knowingly made or permitted the display.