2712

LAWS OF MARYLAND

Ch. 725

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 27 - Crimes and Punishments

419.

(A) (1) [Every] A person[, who with knowledge that a
person is a minor under 18 years of age, or who, while in
possession of such facts that he should reasonably know that
the person is a minor under 18 years of age, knowingly send
or causes to be sent, exhibits, distributes, or offers to
distribute any obscene matter to the minor under 18 years of
age,] MAY NOT WILLFULLY OR KNOWINGLY ENGAGE IN THE BUSINESS
OF SELLING, SHOWING, ADVERTISING FOR SALE, OR DISTRIBUTING
TO ANY PERSON UNDER THE AGE OF 18 YEARS ANY STILL PICTURE,
PHOTOGRAPH, BOOK, POCKET BOOK, PAMPHLET, OR MAGAZINE THE
COVER OR CONTENT OF WHICH IS PRINCIPALLY MADE UP OF
DESCRIPTIONS OR DEPICTIONS OF ILLICIT SEX, OR WHICH CONSISTS
OF PICTURES OF NUDE OR PARTIALLY DENUDED FIGURES POSED OR
PRESENTED IN A MANNER WHICH AN AVERAGE PERSON APPLYING
CONTEMPORARY COMMUNITY STANDARDS WOULD FIND, TAKEN AS A
WHOLE, APPEALS TO PRURIENT INTEREST AND LACKS SERIOUS
LITERARY, ARTISTIC, POLITICAL OR SCIENTIFIC VALUE [is guilty
of a misdemeanor].

(2)  AN OWNER, OPERATOR, FRANCHISEE, MANAGER, OR
ANY EMPLOYEE WITH MANAGERIAL RESPONSIBILITY OF A NEWSSTAND
OR ANY OTHER PLACE OF BUSINESS MAY NOT KNOWINGLY OPENLY
DISPLAY AT THE NEWSSTAND OR OTHER PLACE OF BUSINESS, IF IT
IS FREQUENTED BY PERSONS UNDER THE AGE OF 18 YEARS, ANY OF
THE ITEMS WHOSE SALE, SHOWING, OR ADVERTISING IS PROHIBITED
BY PARAGRAPH (1) OF THIS SUBSECTION.

(3)  VIOLATION OF THIS SECTION IS A MISDEMEANOR.

(B)  IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED:

(1)  "DESCRIPTION OR DEPICTIONS OF ILLICIT SEX"
SHALL MEAN:

(I)  HUMAN GENITALS IN A STATE OF SEXUAL
STIMULATION OR AROUSAL;

(II)  ACTS OF HUMAN MASTURBATION, SEXUAL
INTERCOURSE, OR SODOMY; OR

(III)  FONDLING OR OTHER EROTIC TOUCHING OF
HUMAN GENITALS, PUBIC REGION, BUTTOCKS, OR FEMALE BREAST.

(2)  "NUDE OR PARTIALLY DENUDED FIGURES" MEANS:

(I) LESS THAN COMPLETELY AND OPAQUELY
COVERED HUMAN GENITALS, PUBIC REGION, BUTTOCKS, OR FEMALE
BREAST BELOW A POINT IMMEDIATELY ABOVE THE TOP OF THE
AREOLA; OR