WILLIAM DONALD SCHAEFER, Governor                    Ch. 430

Annotated Code of Maryland

(1982 Replacement Volume and 1986 Supplement)

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, video tape, or recorded telephone messages the cover or
content of which is principally made up of OBSCENE descriptions
or depictions of illicit sex, or which consists of OBSCENE
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.

(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.

(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

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