Borough of Folsom, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 8-12-1982 by Ord. No. 158. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 144.

§ 138-1 Commercial distribution and commercial display prohibited.

The commercial distribution or commercial display of obscene materials or acts to anyone, particularly minors, and including consenting adults, in the Borough of Folsom, Atlantic County, New Jersey, is hereby prohibited.

§ 138-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL DISPLAY
The exhibition of obscene material, which is obscene to the senses of another person, for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another. Where obscene material is exhibited incident to another commercial transaction, it is a commercial display, whether or not the parties state that the valuable consideration is paid in part for the obscene exhibit.
COMMERCIAL DISTRIBUTION
Any transfer or possession, whether temporary or permanent, for any valuable consideration, whether the valuable consideration is paid by the recipient of the obscene material or by another. Where obscene material is transferred incident to another commercial transaction, it is a commercial distribution whether or not the parties state that the valuable consideration is paid in part for the obscene material.
A. 
A film or moving picture is obscene if, when considered as a whole, its calculated purpose or dominate effect is:
(1) 
Substantially to arouse sexual desires, whether natural or unnatural, and if the probability of this effect is so great as to outweigh whatever other merits the film may possess;
(2) 
To portray acts of sexual immorality or lewdness as profitable, desirable, acceptable or proper behavior;
(3) 
To advocate the illegal use of narcotics or habit-forming drugs.
B. 
A photograph, painting or illustration is obscene if it portrays human sexual intercourse, homosexual acts, sadistic sexual acts, sexual acts between man and beast or human sexual organs. Notwithstanding the foregoing, a photograph, painting or illustration which portrays human sexual organs is not obscene if it is part of a medical textbook; or it is a work of art, the original or a copy of which has been displayed by a museum receiving public funds, or the subject of which is the human body as a whole without particular emphasis on its sexual part, and if considered as a whole, its calculated purpose or dominate effect is not to substantially arouse sexual desires, whether natural or unnatural, so as to outweigh whatever other merits it may possess.
C. 
A book or magazine containing photographs, paintings or illustrations of the type defined as obscene in Subsection B above is obscene if, considered as a whole, its calculated purpose or dominate effect is substantially to arouse sexual desires, whether natural or unnatural, and if the probability of this effect is so great so as to outweigh whatever other merits it may possess. A book or magazine containing no photographs, paintings or illustrations shall not be considered obscene for purposes of this chapter.
D. 
An object is obscene if it is by itself a recognizable reproduction of a sexual organ or if some part of it consists of a recognizable reproduction of sexual organs substantially exaggerated in size or appearance.
E. 
An act is obscene if it involves the naked display of sexual organs, or if it is explicitly suggestive of sexual acts or if it involves sexual acts.

§ 138-3 Violations and penalties. [1]

Anyone having violated any section of this chapter shall be subject to a fine of not less than $250 nor more than $1,250, to imprisonment in the county jail for a period not to exceed 90 days or community service for not more than 90 days, or any combination thereof. Each separate film, moving picture, photograph, painting, illustration, book, magazine, object and/or act (and each issue of them) which is commercially distributed or commercially displayed in violation of this chapter shall constitute a separate offense under this chapter. Each separate commercial distribution or commercial display, whether to different persons or to the same person, in violation of this chapter, shall constitute a separate offense under this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 138-4 Interpretation of enforcement.

Notwithstanding any other section, clause or provision of this chapter to the contrary, the definitions of "obscene" and "obscenity," for all purposes of interpretation and enforcement of this chapter, shall be construed in accordance with and in no event more strictly than the criteria set forth by the state statutes or case law of the State of New Jersey effective as of the date of the passage of this chapter, as the same may be from time to time amended as supplemented, as well in accordance with and not more strictly construed than judicial interpretations thereof pursuant to the Constitution of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions having general application.