70 LAWS OF MARYLAND [CH. 39

sold or kept for sale is unconstitutional inasmuch as the ordinance
did not require knowledge of the character of the publication on the
part of the defendant; and

WHEREAS, The Maryland law relating to the publication, posses-
sion, sale and exhibition of obscene materials is silent with respect to
the necessity of knowledge on the part of the defendant charged
under the law; and

WHEREAS, It it the desire of the General Assembly of Maryland
to place upon its statute books effective obscenity legislation; now
therefore

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Sections 417 and 418 of Article 27 of the Annotated Code of
Maryland (1957 Edition), title "Crimes and Punishments", sub-title
"Obscene and Other Objectionable Publications", sub-heading "Ob-
scene Publications" be and the same are hereby repealed and re-
enacted, with amendments, to read as follows:

417.

Whenever any newspaper or other periodical publication, printed,
issued or published in this State shall contain any obscene or licen-
tious matter, whether the same be contained in any professional or
other advertisements or in any other article, whether original, com-
municated or copied from any other publication, every proprietor
and publisher shall be held to be guilty of a misdemeanor who shall
knowingly publish, print or issue such obscene or licentious matter,
and on conviction thereof shall be punished by a fine of not less than
twenty nor more than two hundred dollars and imprisoned for not
less than ten days nor more than one year, in the discretion of the
court in which the conviction shall be had; and each successive num-
ber of any newspaper or periodical containing any such obscene or
licentious matter shall be deemed a new publication thereof and shall
subject every proprietor and publisher to indictment and punish-
ment as for a distinct offense.

418.

If any person shall knowingly bring or cause to be brought into
this State for sale or exhibition, or shall sell, lend, give away or
offer to give away, or show or have in his or her possession with in-
tent to sell or give away, or to exhibit, show, advertise or otherwise
offer for loan, gift, sale or distribution any lewd, obscene or indecent
book, magazine, pamphlet, newspaper, story paper, writing paper,
picture, card, drawing or photograph, or any article or instrument
of indecent or immoral use, or shall design, copy, draw, photograph,
print, utter, publish or prepare such book, picture, card, drawing,
paper or other article, or shall write or print or cause to be written
or printed any circular, advertisement or notice of any kind, or
giving information orally, stating when, where, how or of whom or
by what means such a lewd, indecent or obscene article or thing can
be purchased, seen or obtained, shall in every such case be guilty
of a misdemeanor and upon conviction thereof shall be punished by
a fine not exceeding two hundred dollars or shall be imprisoned not
exceeding one year, or be both fined and imprisoned in the discretion