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ROBERT L. EHRLICH, JR., Governor Ch. 346
(ii) human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
(b) (1) A person may not willfully or knowingly display or exhibit to a minor
an item:
(i) the cover or content of which is principally made up of an
obscene description or depiction of illicit sex; or
(ii) that consists of an obscene picture of a nude or partially nude
figure.
(2) A person may not willfully or knowingly engage in the business of
displaying, exhibiting, selling, showing, advertising for sale, or distributing to a
minor an item:
(i) the cover or content of which is principally made up of an
obscene description or depiction of illicit sex; or
(ii) that consists of an obscene picture of a nude or partially nude
figure.
(3) If a newsstand or other place of business is frequented by minors, the
owner, operator, franchisee, manager, or an employee with managerial responsibility
may not openly and knowingly display at the place of business an item whose sale,
display, exhibition, showing, or advertising is prohibited by paragraph (2) of this
subsection.
(c) The provision of services or facilities by a telephone company under a tariff
approved by the Public Service Commission is not a violation of subsection (b) of this
section relating to recorded telephone messages.
(d) A person who violates this section is guilty of a misdemeanor and on
conviction is subject to:
(1) for a first violation, imprisonment not-exceeding 1 year or a fine not
exceeding $1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or
a fine not exceeding $5,000 or both.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2006.
Approved May 2, 2006.
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