2C:34-2. Obscenity for Persons 18 Years of Age or Older.
a. Definitions for purpose of this section:
(1) Obscene material means any description, narrative account, display,
or depiction of sexual activity or anatomical area 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:
(a) Depicts or describes in a patently offensive way, ultimate sexual
acts, normal or perverted, actual or simulated, masturbation, excretory
functions, or lewd exhibition of the genitals,
(b) Lacks serious literary, artistic, political, or scientific value, when taken as a whole, and
(c) Is a part of a work, which to the average person applying
contemporary community standards, has a dominant theme taken as a whole,
which appeals to the prurient interest.
(2) Exhibit means the sale of admission to view obscene material.
b. A person who sells, distributes, rents or exhibits obscene material
to a person 18 years of age or older commits a crime of the fourth
degree. Sale of obscene material shall be deemed to include any form of
transaction which results in the admission to a display or depiction of
obscene material or temporary or permanent access to any obscene
material.
Nothing contained herein or in section 3 of P.L.1995, c.230 (C.2C:34-7)
shall be construed to prohibit a municipality from adopting as a part of
its zoning ordinances an ordinance permitting the sale, distribution,
rental or exhibition of obscene material in which event such sale,
distribution, rental or exhibition shall be deemed legal.
Amended 1982,c.211; 1989,c.54,s.1; 1995,c.230,s.1.
