The Appellate Division continued in relevant part: In addition, N.J.S.A. 2C:34-3(b) proscribes “promoting obscene material” to persons under the age of eighteen:
(1) A person who knowingly sells, distributes, rents or exhibits to a person under [eighteen] years of age obscene material is guilty of a crime of the third degree.
(2) A person who knowingly shows obscene material to a person under eighteen years of age with the knowledge or purpose to arouse, gratify or stimulate himself or another is guilty of a crime of the third degree if the person showing the obscene material is at least four years older than the person under eighteen years of age viewing the material.
The statute defines “obscene material” as: Any description, narrative account, display, depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity. N.J.S.A. 2C:34-3(a)(1).
It defines “specified anatomical area” as: “(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.” N.J.S.A. 2C:34-3(a) to (b). It defines “specified sexual activity” as: “(a) human genitals in a state of sexual stimulation or arousal; or (b) any act of human masturbation, sexual intercourse or deviate sexual intercourse; or (c) fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.” And N.J.S.A. 2C:34-3(a)(6) defines “exhibit” as “the sale of admission to view obscene material.”
The plain language of the statutes supports the defense argument that disseminating indecent material to a minor is more akin to promoting obscene materials to minors than endangering the welfare of minors. Courts likely find it difficult to let anyone involved with offenses against minors to escape the rigors and oversight involved with Megan’s law supervision.
