2C:33-12.2. Sexually oriented business, nuisance; crime
a. As used in this act:
(1) Sexually oriented business means:
(a) A commercial establishment which as one of its principal business
purposes offers for sale, rental, or display any of the following:
Books, magazines, periodicals or other printed material, or photographs,
films, motion pictures, video cassettes, slides or other visual
representations which depict or describe a specified sexual activity or
specified anatomical area; or still or motion picture machines,
projectors or other image-producing devices which show images to one
person per machine at any one time, and where the images so displayed
are characterized by the depiction of a specified sexual activity or
specified anatomical area; or instruments, devices, or paraphernalia
which are designed for use in connection with a specified sexual
activity; or
(b) A commercial establishment which regularly features live
performances characterized by the exposure of a specified anatomical
area or by a specified sexual activity, or which regularly shows films,
motion pictures, video cassettes, slides, or other photographic
representations which depict or describe a specified sexual activity or
specified anatomical area;
(2) Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(3) Specified anatomical area means:
(a) Less than completely and opaquely covered human genitals, pubic
region, buttock 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.
(4) Specified sexual activity means:
(a) The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or
(b) Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
b. In addition to any activities proscribed by the provisions of
N.J.S.2C:33-12, a person is guilty of maintaining a nuisance when the
person owns or operates a sexually oriented business which offers for
public use booths, screens, enclosures or other devices which facilitate
sexual activity by patrons.
c. Notwithstanding any other provision of law, a municipality shall have
the power to determine restrictions, if any, on the hours of operation
of sexually oriented businesses.
d. A person who violates this act is guilty of a crime of the fourth degree.
L.1995,c.167,s.2.
