254                              Laws of Maryland                       [Ch. 197

relating to obscene and other objectionable publications, providing
for the effect of these presumptions, MAKING IT UNLAW-
FUL TO EXHIBIT SUCH PUBLICATIONS UPON PUBLIC
STREETS AND HIGHWAYS WITHIN VIEW OF PERSONS
BELOW THE AGE OF EIGHTEEN, PROHIBITING THE
PERUSAL OF SUCH PUBLICATIONS BY SUCH PERSONS,
and relating generally to obscene and other objectionable publica-
tions in this State.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 418 and 421 of Article 27 of the Annotated Code of
Maryland (1957 Edition), title "Crimes and Punishments", sub-title
"Obscene and Other Objectionable Publications", sub-headings "Ob-
scene Publications" and "Prohibited Sales of Comic Books, etc.", be
and they are hereby repealed and re-enacted, with amendments, and
to read as follows:

418. Sale, exhibition, etc., of lewd, obscene or indecent books,
pamphlets, drawings, etc.

(a)     Offense defined. If any person shall 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 intent 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, writ-
ing 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 of the court; provided, that this section shall not
apply to any person committing the acts thereby prohibited with in-
tent to prevent violations of this subtitle or to procure the punish-
ment of offenses against the same.

(b)    Presumption as to employment. If any person shall be found
violating the provisions of this sub-heading in or about any news-
stand, book store, drugstore, market, or other mercantile establish-
ment and shall be found to be an agent, officer, or employee of some
other person who is actively engaged in the operation of such an
establishment, these facts shall be presumptive evidence that the
one found violating the provisions of this sub-heading was doing so
within the scope of his employment and within the course of his em-
ployer's business and with the knowledge of his employer; but it
shall be competent for the defendant in any such case to rebut this
presumption. This section shall not apply to any person committing
the acts thereby prohibited with intent to prevent violations of this
sub-heading or to procure the punishment of offenses against the
same.