Town of Queensbury, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Queensbury 6-20-1984 by L.L. No. 3-1984. Amendments noted where applicable.]
No person within the Town of Queensbury shall display at stores, drugstores, newsstands or any other business establishment frequented by minors or where said minors are or may be invited as a part of the general public any magazine, picture, photograph, book, pocket book, pamphlet or calendar, the cover or content of which depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse and which shall be harmful to minors.
The following definitions are applicable to § 118-1 of this chapter:
HARMFUL TO MINORS
That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
A. 
Considered as a whole, appeals to the prurient interest in sex of minors;
B. 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
C. 
Considered as a whole, lacks serious literary, artistic, political and scientific value for minors.
MINOR
Any person less than 17 years old.
NUDITY
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 breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
[Amended 5-24-1991 by L.L. No. 6-1991]
A person who violates any provision of this chapter is guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding one year, or both.