As used in this chapter, the following terms shall have the meanings
indicated:
COMMERCIAL DISPLAY
The exhibition of obscene material to the senses of another person
for valuable consideration, whether the valuable consideration is paid by
the recipient of the exhibition or by another. Where obscene material is exhibited
incident to another commercial transaction, it is a "commercial display,"
whether or not the parties state that the valuable consideration is paid in
part for the obscene exhibit.
COMMERCIAL DISTRIBUTION
Any transfer or possession of obscene material, whether permanent
or temporary, for any valuable consideration, whether the valuable consideration
is paid by the recipient of the obscene material or by another. Where obscene
material is transferred incident to another commercial transaction, it is
a "commercial distribution," whether or not the parties state that the valuable
consideration is paid in part for the obscene material.
The commercial distribution or commercial display of obscene materials
or acts to anyone, including consenting adults, is hereby prohibited.
Anyone having violated §
175-2 of this chapter shall be subject to a fine of not less than $100 nor more than $1,000, imprisonment in the county jail for a period not exceeding 90 days and/or a period of community service not exceeding 90 days. Anyone having violated §
175-4 of this chapter, and the film or moving picture having been adjudged obscene in a court of law in the same or a separate proceeding, shall be subject to a separate penalty of imprisonment in the county jail for a period not exceeding 90 days or a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service for not more than 90 days. Each separate film, moving picture, photograph, painting, illustration, book, magazine, object or act, and each issue of them, which is commercially distributed or commercially displayed shall constitute a separate offense under this chapter. Each separate commercial distribution or commercial display, whether to different persons or to the same person, shall constitute a separate offense under this chapter.
Notwithstanding any other section, clause or provision of this chapter
to the contrary, the definitions of "obscene" and "obscenity," for all purposes
of interpretation and enforcement of this chapter shall be construed in accordance
with and in no event more strictly than the criteria set forth in N.J.S.A.
2C:34-2 et seq., as same shall be from time to time amended or supplemented,
as well as in accordance with and not more strictly than judicial interpretations
thereof pursuant to the Constitution of the United States and of the State
of New Jersey finally concluded in courts of jurisdiction sufficient to render
decisions on constitutional questions having general application.