582                                     LAWS OF MARYLAND                              Ch. 219

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 7, 1973.

CHAPTER 220

(Senate Bill 339)

AN ACT to add new Section 418B to Article 27 of the Annotated Code of
Maryland (1971 Replacement Volume), title "Crimes and Punishments,"
subtitle "Crimes and Punishments," subheading "Obscene Matter," to follow
immediately after Section 418A thereof, to prohibit certain obscene
performances in Anne Arundel County, to define what constitutes an obscene
performance, and to prescribe certain penalties for the violation of this Act.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 418B be and it is hereby added to Article 27 of
the Annotated Code of Maryland (1971 Replacement Volume), title "Crimes and
Punishments," subtitle "Crimes and Punishments," subheading "Obscene Matter,"
to follow immediately after Section 418A thereof, and to read as follows:

418B.

(A)  ANY PERSON WHO AS ACTOR, DANCER, OWNER, MANAGER,
PRODUCER, DIRECTOR OR AGENT OR IN ANY OTHER CAPACITY,
PREPARES, GIVES, DIRECTS, PRESENTS, PERFORMS OR
PARTICIPATES IN ANY OBSCENE PERFORMANCE, EXHIBITION,
DRAMA, PLAY, SHOW, DANCING EXHIBITION, TABLEAU, OR
ENTERTAINMENT IN WHICH LIVE PERSONS PERFORM OR
PARTICIPATE IN AN OBSCENE MANNER IN THE PRESENCE OF ANY
OTHER PERSON OR PERSONS WHO HAVE PAID A CONSIDERATION
OF ANY TYPE WHATSOEVER TO OBSERVE THE EXHIBITION OR
PERFORMANCE; AND

(B)   EVERY OWNER, LESSEE, OR MANAGER OF ANY THEATRE,
GARDEN, BUILDING, ROOM, PLACE OR STRUCTURE, WHO [[LEASES
OR LETS THE SAME OR]] KNOWINGLY PERMITS THE SAME TO BE
USED FOR THE PURPOSE OF ANY SUCH EXHIBITION AS
ENUMERATED IN PARAGRAPH (A) HEREOF, OR WHO ASSENTS TO
ITS USE FOR ANY SUCH PURPOSE SHALL BE GUILTY OF A
MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE
FINED OR IMPRISONED ACCORDING TO THE PENALTY SET FORTH
IN SECTION 424 OF ARTICLE 27.

(C)     FOR THE PURPOSE OF THIS SECTION, AN OBSCENE
PERFORMANCE, EXHIBITION, DRAMA, PLAY, SHOW, DANCING
EXHIBITION, TABLEAU OR ENTERTAINMENT SHALL BE DEFINED
AS ONE IN WHICH THE DOMINENT THEME OF THE SAME, WHEN
TAKEN AS A WHOLE, APPEALS TO THE PRURIENT INTEREST IN
SEX OF THE AUDIENCE, AFFRONTS CONTEMPORARY COMMUNITY
STANDARDS RELATING TO THE REPRESENTATION OF SEXUAL
MATTERS AND IS UTTERLY WITHOUT REDEEMING SOCIAL VALUE.
[[IF ANY ONE OR MORE OF THE FOLLOWING INCIDENTS ARE
PRESENT DURING THE PERFORMANCE, IT SHALL BE CONSIDERED