HARRY HUGHES, Governor

3469

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

419.

(a)  (1) A person 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, magazine, video
disc, [or] video tape, OR RECORDED TELEPHONE MESSAGES 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.

(2) THE PROVISION OF SERVICES OR FACILITIES BY A
TELEPHONE COMPANY PURSUANT TO TARIFFS APPROVED BY THE PUBLIC
SERVICE COMMISSION IS NOT A VIOLATION OF THE PROVISIONS OF
PARAGRAPH (1) OF THIS SUBSECTION THAT RELATE TO RECORDED
TELEPHONE MESSAGES.

[(2)] (3) An owner, operator, franchisee, manager, or
any employee with managerial responsibility of a newsstand or any
other place of business may not openly and knowingly 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)] (4) 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.

(2)  "Distributing" includes renting.

(3)  "Nude or partially denuded figures" means: