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Ch. 26
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2002 LAWS OF MARYLAND
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PRESENCE OF INDIVIDUALS WHO HAVE PAID ANY KIND OF CONSIDERATION TO
OBSERVE THE EXHIBITION OR PERFORMANCE.
(2) AN OWNER, LESSEE, OR MANAGER OF A BUILDING, GARDEN, PLACE,
ROOM, STRUCTURE, OR THEATER MAY NOT KNOWINGLY ALLOW OR ASSENT TO THE
USE OF THE PREMISES FOR THE TYPES OF EXHIBITIONS PROHIBITED BY PARAGRAPH
(1) OF THIS SUBSECTION.
(C) PENALTY.
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.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 418B and 424.
In subsection (b)(1) of this section, the former reference to a person "who as
actor, dancer ... or in any other capacity" performs specified acts is deleted
in light of the absolute prohibition against the acts without regard to the
title of the person.
In subsection (b)(2) of this section, the phrase, "allow or assent to the use of
the premises for the types of exhibitions prohibited by paragraph (1) of this
subsection", is substituted for the former reference to "permits the same ...
for any such purpose" for clarity and brevity.
In subsection (c) of this section, the former phrase "unless otherwise
provided" is deleted because there are no alternative penalties provided for
a violation of this section.
As to the penalty provided in subsection (c) of this section, see General
Revisor's Note to subtitle.
In subsection (c)(1) of this section, the qualification "for a first violation" is
added for clarity.
Defined terms: "Knowingly" § 11-201
"Person" § 1-101
11-205. OBSCENE MATTER — ADVERTISING.
(A) PROHIBITED.
A PERSON MAY NOT KNOWINGLY:
(1) WRITE OR CREATE ADVERTISING OR OTHERWISE PROMOTE THE
SALE OR DISTRIBUTION OF MATTER THE PERSON REPRESENTS OR HOLDS OUT TO BE
OBSCENE; OR
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- 770 -
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