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Code · New Jersey · Title 2C — The New Jersey Code of Criminal Justice · Chapter 33

2C:33-12.2. Sexually oriented business, nuisance; crime

363 words·~2 min read·/nj/title-2c/chapter-33/2c-33-12-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

2. 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.
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