State Codes and Statutes

Statutes > New-jersey > Title-2c > Section-2c-33 > 2c-33-12-2

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