[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Pohatcong 7-9-1985. Amendments noted
where applicable.]
No person, individual, partnership, association, corporation or other
legal entity of any kind having custody, control or supervision of any commercial
establishment shall knowingly:
A.
Display material in the interior of such establishment,
which is harmful to minors, in such a way that minors, as part of the invited
general public, will be exposed to view such material; provided, however,
that a person shall be deemed not to have displayed material harmful to minors
if the material is kept behind devices commonly known as "blinder racks,"
so that the lower 2/3 of the material is not exposed to view and said material
is kept on said racks at least 60 inches in height from the surrounding floor
area.
B.
Sell, furnish, present, distribute, allow to view or
otherwise disseminate to any minor, with or without consideration, any material
which is harmful to minors.
C.
Present to a minor or participate in presenting to a
minor, with or without consideration, any performance which is harmful to
a minor.
As used in this chapter, the following terms shall have the meanings
indicated:
That quality of any description, exhibition, presentation or representation,
in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse when the material or performance, taken as a whole, has the following
characteristics:
The average adult person, applying contemporary community standards,
would find that the material or performance has a predominant tendency to
appeal to prurient interest in sex to minors; and
The average adult person, applying contemporary community standards,
would find that the material or performance depicts or describes nudity, sexual
conduct, sexual excitement or sadomasochistic abuse in a manner that is patently
offensive to prevailing standards in the adult community with respect to what
is suitable for minors; and
The material or performance lacks serious literary, scientific, educational,
artistic or political value for minors.
Having knowledge of the character or content of the material or film
described herein; or having failed to exercise reasonable inspection which
would have disclosed its character and content.
Any book, magazine, newspaper, pamphlet, poster, print, picture,
figure, image, description, motion-picture film, record, recording tape or
videotape.
Any person under the age of 18 years.
Any motion picture or preview or trailer to a film, not including
newsreels portraying actual current events or pictorial news of the day, in
which a scene taken by itself depicts a specified anatomical area or specified
sexual activity or the simulation of a specified sexual activity or verbalization
concerning a specified sexual activity; and emits sensuality sufficient, in
terms of the duration and impact of the depiction, to appeal to prurient interest.
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, emits sensuality with sufficient impact to concentrate prurient interest
on the area or activity.
Any individual, partnership, association, corporation or other legal
entity of any kind.
Less than completely and opaquely covered human genitals, pubic region,
buttock or female breast below a point immediately above the top of the areola;
or human male genitals in a discernibly turgid state, even if covered.
Human genitals in a state of sexual stimulation or arousal; any act
of human masturbation, sexual intercourse or deviate sexual intercourse; or
fondling or other erotic touching of covered or uncovered human genitals,
pubic region, buttock or female breast.
It is an affirmative defense to a prosecution of this chapter which
the defendant must prove by a preponderance of evidence that:
A.
The person under 18 years falsely represented, in or
by writing, that he was age 18 or over.
B.
The person's appearance was such that an individual
of ordinary prudence would believe him to be age 18 or over.
C.
The material was displayed to a person in good faith
relying upon such written representation and appearance and in the reasonable
belief that he or she was actually age 18 or over.
A.
Any person who shall be convicted of violation any provisions
of this chapter shall be fined a sum not exceeding $500 and may be imprisoned
for a term not to exceed six months, or both, at the discretion of the court.
B.
For the purpose of this section, multiple copies of the
same identical title, monthly issue, volume and number of issue or other such
identical material shall constitute a single offense.
