The Commissioners of the Township of Penn find
that the crass commercial exploitation of explicit sexual conduct
through the public exhibition of lewd films and the display and/or
sale of lewd publications constitutes a debasement and distortion
of a sensitive key relationship of human existence central to family
life, community welfare and the development of human personality;
is indecent and totally offensive to the senses and to the public
morals and interferes with the comfortable enjoyment of both life
and property in that such interferes with the interest of the public
in the quality of life and total community environment, the tone of
commerce in the Township of Penn and the public safety; and that the
operation of such activities is detrimental to the best health, safety,
convenience, good morals and general welfare of the Township of Penn
and of the residents, citizens, inhabitants and businesses thereof.
The Commissioners of the Township of Penn hereby declare such activities
to be illegal and herein provide for the procedures for prosecution
of said illegal activities. This chapter shall apply to any existing
establishments which are presently engaged in the type of activity
herein declared to be illegal.
For the purpose of this chapter, the words and
phrases set forth below shall have the meanings respectively ascribed
to them:
AUDIENCE
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
DISPLAY PUBLICLY
The exposing, placing, posting, exhibiting or in any other
fashion displaying in any location, whether public or private, material
or a performance in such a manner that it may be readily seen and
its content or character distinguished by normal unaided vision viewing
it from a public place or vehicle.
DISSEMINATE
To manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the same.
MATERIAL
Any printed matter, visual representation or sound recording,
and includes but is not limited to books, magazines, motion-picture
films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensional
forms, sculptures and phonograph, tape or wire recordings.
MINOR
Any person under 18 years of age.
NUDITY
Completely without clothing, or with 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 fully opaque
covering of any portion thereof below the top of the nipple, or the
covered male genitals in a discernibly turgid state.
PANDER
Advertising or propagandizing in connection with the sale
of material, the offering of a service or the presentation or exhibition
of a performance by appealing to the prurient interest of potential
customers.
PERFORMANCE
Any live or reproduced exhibition, including but not limited
to any play, motion-picture film, dance or appearance presented to
or performed before an audience.
PORNOGRAPHY
Any material or performance is pornography if all of the
following elements are present:
A.
Considered as a whole by the average person
applying the contemporary community standards of the Township of Penn,
it appeals to the prurient interest;
B.
It depicts, describes or represents, in a patently
offensive way, sexual conduct, as hereinafter defined; and
C.
It lacks serious literary, artistic, political
or scientific value.
PORNOGRAPHY FOR MINORS
Any material or performance is pornography for minors if
all of the following elements are present:
A.
Considered as a whole by the average person
applying the contemporary community standards of the Township of Penn
with respect to what is suitable for minors, it is presented in such
a manner as to appeal to a minor's prurient interest;
B.
It depicts, describes or represents, in a patently
offensive way, nudity or sexual conduct as hereinafter defined; and
C.
It lacks serious literary, artistic, political
or scientific value for minors.
PRURIENT INTEREST
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with reference to average persons, unless it appears from
the character of the material or performance that it is designed to
appeal to the prurient interest of a particular group of persons,
including but not limited to homosexuals or sadomasochists. In that
case, it shall be judged with reference to the particular group for
which it was designed.
PUBLIC PLACE OR VEHICLE
Any of the streets, alleys, parks, boulevards, schools or
other public property in the township, or any dance hall, rental hall,
theater, amusement park, liquor establishment, store, depot, place
of public accommodation or other private property generally frequented
by the public for the purposes of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public
transportation, owned or operated by government, either directly or
through a public corporation or authority, or owned or operated by
any nongovernmental agency for the use, enjoyment or transportation
of the general public.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in a sexually revealing or bizarre costume
or the condition of such person being fettered, bound or otherwise
physically restrained in an apparent act of sexual stimulation or
gratification.
SEXUAL CONDUCT
A.
Masturbation, either actual or simulated;
B.
Sexual intercourse, whether genital-genital,
oral-genital, oral-anal or anal-genital, either actual or simulated;
C.
Any erotic fondling or touching of the covered or uncovered genitals, buttocks, pubic area or any part thereof the breasts of the female, whether the conduct described in Subsections
A through
C is engaged in alone or between members of the same or opposite sex or between humans and animals or humans and inanimate objects;
D.
Actual or simulated display or exhibition of
the human pubic area or genitals or any part thereof;
E.
Sexual excitement, as hereinafter defined; or
F.
Sadomasochistic abuse, as hereinabove defined.
SEXUAL EXCITEMENT
The facial expressions, movements, utterances or other responses
of a human male or female, whether alone or with others, whether clothed
or not, who is in an apparent state of sexual stimulation or arousal
or is experiencing the physical or sensual reactions of humans engaging
in or witnessing sexual conduct.
It shall be an affirmative defense to a prosecution under §
50-3 or
50-4 of this chapter if the pornographic material was disseminated by a person who was acting in his capacity as:
A. A teacher of an accredited course of study related
to pornography at a state-approved educational institution;
B. A licensed medical practitioner or psychologist in
the treatment of a patient;
C. A participant in the criminal justice system, such
as a legislator, judge, prosecutor, law enforcement official or other
similar or related position; or
D. A supplier to any person described in Subsections
A through
C above.