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Ch. 26
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2002 LAWS OF MARYLAND
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(II) THAT THE WORK DEPICTS SEXUAL CONDUCT SPECIFIED IN
SUBSECTION (B) OF THIS SECTION IN A WAY THAT IS PATENTLY OFFENSIVE TO
PREVAILING STANDARDS IN THE ADULT COMMUNITY AS A WHOLE WITH RESPECT TO
WHAT IS SUITABLE MATERIAL; AND
(III) THAT THE WORK, TAKEN AS A WHOLE, LACKS SERIOUS
ARTISTIC, EDUCATIONAL, LITERARY, POLITICAL, OR SCIENTIFIC VALUE.
(6) "PARTIALLY NUDE FIGURE" MEANS A FIGURE WITH:
(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
(II) HUMAN MALE GENITALS IN A DISCERNIBLY TURGID STATE,
EVEN IF COMPLETELY AND OPAQUELY COVERED.
(B) PROHIBITED.
(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) EXCEPTION.
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) PENALTY.
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- 768 -
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