N.J.S.A. Section 2C:33-12.2 – Sexually Oriented Business, Nuisance; Crime

Section 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.

Questions about your case?

We can help! With a proven track record, a strong work ethic, and extensive knowledge of the law, you cannot go wrong when you choose The Law Offices of Anthony Carbone.

    Live Chat
    Celebrating 35 Years in Practice!

    Contact Us Today for a Free Consultation

      Back to Top
      Live Chat