[HISTORY: Adopted by the Borough Council of the Borough of Hellertown at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
No person, knowing the obscene character of the materials or performance involved, shall:
Display or cause or permit the display of any obscene material in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion-picture screen marquee or similar place in such manner that the display is visible from any public street, highway, sidewalk, transportation facility or other public thoroughfare.
Sell, lend, distribute, exhibit, give away or show any obscene material to any person 17 years of age or younger, or offer to sell, lend, distribute, exhibit or give away or show, or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene material to any person 17 years of age or younger, or knowingly advertise any obscene material in any manner.
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene material.
Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom or by what means any obscene material may be purchased, obtained or had.
Produce, present or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity.
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this section.
As used in this chapter, the following words and phrases shall have the meanings given to them in this section:
- For the purpose of applying the "contemporary community standards" in this chapter, "community" means the state.
- HARMFUL TO MINORS
- As used in §§ 282-3 and 282-4, that quality of any description or representation in whatever form of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when it:
- As used in § 282-1, "knowing" means having general knowledge of or reason to know or a belief or ground for a belief which warrants further inspection or inquiry of the character and content of the performance or any material described in § 282-1 which is reasonably susceptible of examination by the defendant.
- As used in §§ 282-3 and 282-4, having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry of both:
- A. The character and content of any material described herein which is reasonably susceptible of examination by the defendant.
- B. The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
- Any literature, including any book, magazine, pamphlet, newspaper, story paper, comic book and any figure, visual representation or image, including any drawing, photograph, picture or motion picture.
- As used in §§ 282-3 and 282-4, the showing of the human male or female genitals, pubic area or buttock with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
- Any material, materials or performance is obscene if:
- A. The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
- B. The subject matter depicts or describes in a patently offensive way sexual conduct of a type described in this section.
- C. The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
- Any play, dance or other live exhibition performed before an audience.
- SADOMASOCHISTIC ABUSE
- As used in §§ 282-3 and 282-4, flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered bound or otherwise physically restrained on the part of one so clothed.
- SEXUAL CONDUCT
- As used in § 282-2, patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibitions or scientific value. As used in §§ 282-3 and 282-4, acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed genitals, pubic area, buttocks or, if such person be a female, breast.
- SEXUAL EXCITEMENT
- As used in §§ 282-3 and 282-4, the condition of human male or female genitals when in a state of sexual stimulation or arousal.
- TRANSPORTATION FACILITY
- Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad, cars, buses and air, boat, railroad and bus terminals and stations.
No person shall knowingly disseminate by sale, loan or otherwise, explicit sexual materials to a minor. "Explicit sexual materials," as used in this section, means materials which are obscene or:
Any picture, photograph, drawing, sculpture, motion-picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors.
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in Subsection A, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
It shall be unlawful for any person knowingly to exhibit for monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion-picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors, except that the foregoing shall not apply to any minor accompanied by his parent.
No person shall knowingly require any distributor or retail seller as a condition to sale or delivery for resale or consignment of any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure or image, or any written or printed matter, or any article or instrument, to purchase or take by consignment for purposes of sale, resale or distribution any obscene literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure or image or any written or printed matter of an obscene nature or any article or instrument of an obscene nature.
Nothing in this chapter shall apply to any recognized historical society or museum accorded charitable status by the federal government, any county, city, borough, township or town library, any public library, any library of any school, college or university or any archive or library under the supervision and control of the commonwealth or a political subdivision.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 but no more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.