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Session Laws, 1971
Volume 707, Page 1103   View pdf image
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Marvin Mandel, Governor                        1103

Volume), title "Crimes and Punishments," subtitle "Crimes and
Punishments," to follow immediately after Section 416 thereof and
to be under the new subheading "Nudity and Sexual Displays," to
prohibit the sale of certain nude or sexual items to minors, to
prohibit the showing or displaying of certain nude or sexual
activities in advertising, to provide penalties for certain persons
who engage in prohibited activities, and relating generally to the
sale, display and use for advertising of nude and sexual items
and activities.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That new Sections 416A through 416G, inclusive, be and they are
hereby added to Article 27 of the Annotated Code of Maryland
(1971 Replacement Volume), title "Crimes and Punishments," sub-
title "Crimes and Punishments," to follow immediately after Section
416 thereof and to be under the new subheading "Nudity and Sexual
Displays," all to read as follows:

Nudity and Sexual Displays
416A.

The following words and phrases, as used in this subheading, have
the meanings indicated:

(a)  Advertising purposes means the purpose of propagandizing in
connection with the sale commercially of a product or products, or
the offering commercially of a service, or the exhibiting commercially
of entertainment.

(b)  Minor means any person under eighteen years of age.

(c)  Sadomasochistic abuse means flagellation or torture by or upon
a human who is nude, or clad in undergarments, or in a revealing
or bizarre costume, or the condition of one who is nude or so clothed
and is being fettered, bound, or otherwise physically restrained.

(d)  Sexual conduct means human masturbation, sexual inter-
course, or any touching of or contact with the genitals, pubic areas
or buttocks of the human male or female, or the breasts of the female,
whether alone or between members of the same or opposite sex, or
between humans and animals.

(e)  Sexual excitement means the condition of human male or
female genitals, or the breasts of the female, when in a state of
sexual stimulation, or the sensual experiences of humans engaging
in or witnessing sexual conduct or nudity.

416B.

Any person, firm or corporation which knowingly sells or offers to
sell to any minor any of the following is guilty of a misdemeanor:

(a)  Any picture, photograph, drawing, sculpture, motion picture,
film or other visual representation or image of a person or portion
of the human body that depicts nudity, sadomasochistic, sexual con-
duct or sexual excitement;
AND IS OBSCENE; or

(b)  Any book, magazine, paperback, pamphlet or other written
or printed matter however reproduced, or any sound recording which
contains any matter enumerated in subsection (a), or obscenities,


 

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Session Laws, 1971
Volume 707, Page 1103   View pdf image
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