Adult uses — See Ch. 102.
§ 191-1Word usage.
§ 191-2Sale of obscene publications.
§ 191-3Sale of publications depicting crimes.
§ 191-4Intent to include certain types of publications.
§ 191-5News accounts excepted.
§ 191-6Legitimate historical accounts excluded.
§ 191-7Display to constitute intent to sell.
§ 191-8Violations and penalties.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
It shall be unlawful and a violation of this chapter for any person to sell, offer for sale, attempt to sell, exhibit, give away, keep in his possession with intent to sell or give away or in any way furnish or attempt to furnish to any person any illustrated comic book, magazine or other publication which, read as a whole, is of an obscene nature.
It shall be unlawful and a violation of this chapter for any person to sell, offer for sale, attempt to sell, exhibit, give away, keep in his possession with intent to sell or give away or in any way furnish or attempt to furnish to any child under the age of 18 years any comic book, magazine or other publication of like nature which, read as a whole, is concerned with an account of crime and which depicts, by the use of drawings, the following crimes as the same may be defined in the Revised Statutes of the State of New Jersey:
Administering poisonous and injurious potions.
Atrocious assault and battery.
Arson and other willful burning.
Assault in attempting burglary.
Assault to maim or disfigure.
Assault with intent to commit rape.
Assault with intent to commit robbery.
Assault with intent to kill.
Kidnapping and abduction.
Maiming or disfiguring.
Threatening or attempting to kidnap.
Conspiracy to commit any of the foregoing offenses.
It is the intent of this chapter to include publications where the text is not prominently featured, but rather is incidental to the picture, being usually in inserts or balloons that indicate the words spoken by the characters.
This chapter shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs as are used to illustrate such accounts.
This chapter shall not be construed to apply to legitimate illustrated historical accounts of crime or crimes.
If any publication prohibited hereunder shall be displayed in any newsstand, book store, drug store, market or other mercantile establishment where said prohibited publication may be seen by any child under the age of 18 years visiting such establishment, such display shall be prima facie evidence that the person in charge of such establishment was then exhibiting the crime comic book or other prohibited publication and intended to sell, offer for sale, furnish or attempt to furnish such prohibited publication to a child or children under the age of 18 years in violation of this chapter, but it shall be competent for the defendant in any such case to show that no such intention existed.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. If more than one publication prohibited hereunder shall be offered, exhibited, kept or displayed in violation of this chapter at the same location by the same person, the offering, exhibiting, keeping or displaying of each separate publication prohibited hereunder shall constitute a separate offense and shall be punishable as such hereunder. If two or more publications prohibited hereunder are furnished or sold at the same time by the same person, the sale or furnishing of each shall constitute a separate offense and shall be punishable as such hereunder.