PRINTER'S NO. 2215
No. 1778 Session of 1997
INTRODUCED BY LAWLESS, NAILOR, BOSCOLA, ARMSTRONG, ZUG, TRELLO,
BROWNE, LEDERER, E. Z. TAYLOR, STABACK, ROHRER, SCHRODER,
OLASZ, SCRIMENTI, DeLUCA, BENNINGHOFF, DEMPSEY, M. COHEN,
KELLER, DALLY, KENNEY, ORIE, REBER, YOUNGBLOOD, PLATTS, TRUE,
MELIO, EGOLF, HERSHEY AND HENNESSEY, SEPTEMBER 23, 1997
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 23, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for obscene and
3 other sexual materials.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5903(a) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5903. Obscene and other sexual materials and performances.
9 (a) Offenses defined.--No person, knowing the obscene
10 character of the materials or performances involved, shall:
11 (1) display or cause or permit the display of any
12 explicit sexual materials as defined in subsection (c) in or
13 on any window, showcase, newsstand, display rack, billboard,
14 display board, viewing screen, motion picture screen, marquee
15 or similar place in such manner that the display is visible
16 from any public street, highway, sidewalk, transportation
17 facility or other public thoroughfare, or in any business or
1 commercial establishment where minors, as a part of the
2 general public or otherwise, are or will probably be exposed
3 to view all or any part of such materials;
4 (2) sell, lend, distribute, exhibit, give away or show
5 any obscene materials to any person 18 years of age or older
6 or offer to sell, lend, distribute, exhibit or give away or
7 show, or have in his possession with intent to sell, lend,
8 distribute, exhibit or give away or show any obscene
9 materials to any person 18 years of age or older, or
10 knowingly advertise any obscene materials in any manner;
11 (3) design, copy, draw, photograph, print, utter,
12 publish or in any manner manufacture or prepare any obscene
13 materials;
14 (4) write, print, publish, utter or cause to be written,
15 printed, published or uttered any advertisement or notice of
16 any kind giving information, directly or indirectly, stating
17 or purporting to state where, how, from whom, or by what
18 means any obscene materials can be purchased, obtained or
19 had;
20 (5) produce, present or direct any obscene performance
21 or participate in a portion thereof that is obscene or that
22 contributes to its obscenity; [or]
23 (6) hire, employ, use or permit any minor child to do or
24 assist in doing any act or thing mentioned in this
25 subsection[.];
26 (7) take or deliver in any manner any obscene material
27 into a State correctional institution, county prison,
28 regional prison facility or any other type of correctional
29 facility;
30 (8) possess any obscene material while such person is an
19970H1778B2215 - 2 -
1 inmate of any State correctional institution, county prison,
2 regional prison facility or any other type of correctional
3 facility; or
4 (9) knowingly permit any obscene material to enter any
5 State correctional institution, county prison, regional
6 prison facility or any other type of correctional facility if
7 such person is a prison guard or other employee of any
8 correctional facility described in this paragraph.
9 * * *
10 Section 2. This act shall take effect in 60 days.
G15L18JLW/19970H1778B2215 - 3 -