2C:34-5 - Diseased person committing an act of sexual penetration
2C:34-5 Diseased person committing an act of sexual penetration2C:34-5. Diseased person committing an act of sexual penetration.
a. A person is guilty of a crime of the fourth degree who, knowing that he or she is infected with a venereal disease such as chancroid, gonorrhea, syphilis, herpes virus, or any of the varieties or stages of such diseases, commits an act of sexual penetration without the informed consent of the other person.
b. A person is guilty of a crime of the third degree who, knowing that he or she is infected with human immune deficiency virus (HIV) or any other related virus identified as a probable causative agent of acquired immune deficiency syndrome (AIDS), commits an act of sexual penetration without the informed consent of the other person.
L.1978, c.95; amended 1979, c.178, s.68; 1997, c.201.
2C:34-6.Definitions
2.As used in sections 2 and 3 of this act:
a. "Sexually oriented business" means:
(1) 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
(2) 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."
b."Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
c. "Specified anatomical area" means:
(1) 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
(2) Human male genitals in a discernibly turgid state, even if covered.
d. "Specified sexual activity" means:
(1) The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or
(2) Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
L.1995,c.230,s.2.