[HISTORY: Adopted by the Rockland County Legislature 12-1-1986
by L.L. No. 8-1986. Amendments noted where applicable.]
A.
The protection of the health, safety, welfare and morals
of minors constitutes a legitimate exercise of the police power of the state
through local legislative action.
B.
This chapter fully protects the First Amendment rights
of adults to purchase material deemed obscene to minors.
C.
The State of New York has a law addressing the dissemination
of material deemed harmful to minors, (§ 235.20 of the New York
Penal Law) but not to the display of material deemed obscene to minors.
D.
The existence of such legislation may give rise to a
preemption argument on the part of opponents of such legislation. However,
since § 245.11 of the Penal Law constitutes criminal legislation
and the County proposal is civil in nature, the preemption argument should
not prevail.
E.
It is not the intent of this chapter to prohibit adults
from purchasing constitutionally protected materials, nor is it the intention
of this chapter to censor constitutionally protected material and this chapter
does not unduly burden the First Amendment rights of adults.
As used in this chapter, the following terms shall have the meanings
indicated:
A person less than 17 years of age.
The showing of the human male or female genitals, pubic area or buttocks
with less than a fully opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion thereof below the top
of the nipple, or the depiction of covered or uncovered male genitals in a
discernibly turgid state.
That quality of any description or representation, in whatever form,
of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when
it:
Considered as a whole, predominantly appeals to the prurient interest
of minors;
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors; and
Considered as a whole, lacks serious literary, artistic, political and
scientific value for minors.
Flagellation or torture by or upon a person who is nude or 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 or
who is nude.
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.
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
It shall be unlawful for any person knowingly to display in public places
any picture, photograph, drawing, motion-picture film or similar visual representation
or image of a person or portion of the human body which depicts nudity, sexual
conduct or sadomasochistic abuse and which is obscene as to minors.
In any prosecution for display of material obscene as to minors, it
is an affirmative defense that the person having custody, control or supervision
of a public place kept the material obscene as to minors:
A.
The Commissioner of Consumer Protection may prescribe
and impose civil penalties for a violation of this chapter of not more than
$100 for the first offense and not more than $500 for the second or subsequent
offense.
B.
The continuation of a violation of this chapter for each
and every day the offense is continued is a separate and distinct offense
hereunder.
