§ 44A-2. Definitions.  


Latest version.
  • As used in this chapter, the following terms shall have the meanings indicated:
    CONTEMPORARY COMMUNITY STANDARD
    The majority view as expressed through the Borough Council within the confines of the Borough of Paulsboro.
    EXHIBIT
    The sale of admission to view obscene material.
    KNOWINGLY
    A. 
    Knowing or having good reason to know the character of the matter or performance; or
    B. 
    Having failed to exercise reasonable inspection which would disclose the character of the matter or performance.
    MATTER
    Any book, magazine, newspaper or printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials.
    OBSCENE MATERIALS FOR PERSONS UNDER 18 YEARS OF AGE
    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 emit sensuality with sufficient impact to concentrate prurient interest on the area or activities.
    OWNER
    Any person who owns or has legal right to possession of any matter.
    PERFORMANCE
    Any play, motion picture, dance or other exhibition or presentation, whether pictures, animated or live, performed before an audience of one or more person(s).
    PERSON
    Any individual, partnership, firm, association, corporation or other legal entity.
    RETAILER
    Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs.
    SEXUAL CONDUCT
    Human genitals in a state of sexual stimulation or arousal, any act of human masturbation, excretory function, sexual intercourse or deviant sexual intercourse, fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttocks or female breasts.
    SPECIFIED ANATOMICAL AREA
    A. 
    Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areola; or
    B. 
    Human male genitals in a discernibly turgid state, even if covered.
    SPECIFIED SEXUAL ACTIVITY
    A. 
    Human genitals in a state of sexual stimulation or arousal;
    B. 
    Any act of human masturbation, sexual intercourse or deviant sexual intercourse; or
    C. 
    Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttocks or female breasts.