SENATE AMENDED PRIOR PRINTER'S NOS. 2215, 2385 PRINTER'S NO. 3738
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, HENNESSEY AND FLICK, SEPTEMBER 23, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 9, 1998
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for TERRORISTIC <-- 3 THREATS AND FOR obscene and other sexual materials. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 5903(a) SECTIONS 2706 AND 5903(A) of <-- 7 Title 18 of the Pennsylvania Consolidated Statutes is ARE <-- 8 amended to read: 9 § 2706. TERRORISTIC THREATS. <-- 10 (A) OFFENSE DEFINED.--A PERSON IS GUILTY OF A MISDEMEANOR OF 11 THE FIRST DEGREE IF HE THREATENS TO COMMIT ANY CRIME OF VIOLENCE 12 WITH INTENT TO TERRORIZE ANOTHER OR TO CAUSE EVACUATION OF A 13 BUILDING, PLACE OF ASSEMBLY, OR FACILITY OF PUBLIC 14 TRANSPORTATION, OR OTHERWISE TO CAUSE SERIOUS PUBLIC 15 INCONVENIENCE, OR IN RECKLESS DISREGARD OF THE RISK OF CAUSING 16 SUCH TERROR OR INCONVENIENCE.
1 (B) RESTITUTION.--IF THE BUILDING, PLACE OF ASSEMBLY OR 2 FACILITY OF PUBLIC TRANSPORTATION IS OWNED OR OCCUPIED BY A 3 SCHOOL DISTRICT, THE PERSON CONVICTED OF VIOLATING THIS SECTION 4 SHALL, IN ADDITION TO ANY OTHER SENTENCE IMPOSED, BE SENTENCED 5 TO PAY THE SCHOOL DISTRICT RESTITUTION IN AN AMOUNT EQUAL TO THE 6 COST OF THE EVACUATION, INCLUDING, BUT NOT LIMITED TO, THE 7 TRANSPORTATION OF STUDENTS AND STAFF FROM THE BUILDING, PLACE OF 8 ASSEMBLY OR FACILITY. 9 (C) PRESERVATION OF PRIVATE REMEDIES.--NO JUDGMENT OR ORDER 10 OF RESTITUTION SHALL DEBAR THE SCHOOL DISTRICT, BY APPROPRIATE 11 ACTION, TO RECOVER FROM THE OFFENDER AS OTHERWISE PROVIDED BY 12 LAW, PROVIDED THAT ANY CIVIL AWARD SHALL BE REDUCED BY THE 13 AMOUNT PAID UNDER THE CRIMINAL JUDGMENT. 14 § 5903. Obscene and other sexual materials and performances. 15 (a) Offenses defined.--No person, knowing the obscene 16 character of the materials or performances involved, shall: 17 (1) display or cause or permit the display of any 18 explicit sexual materials as defined in subsection (c) in or 19 on any window, showcase, newsstand, display rack, billboard, 20 display board, viewing screen, motion picture screen, marquee 21 or similar place in such manner that the display is visible 22 from any public street, highway, sidewalk, transportation 23 facility or other public thoroughfare, or in any business or 24 commercial establishment where minors, as a part of the 25 general public or otherwise, are or will probably be exposed 26 to view all or any part of such materials; 27 (2) sell, lend, distribute, exhibit, give away or show 28 any obscene materials to any person 18 years of age or older 29 or offer to sell, lend, distribute, exhibit or give away or 30 show, or have in his possession with intent to sell, lend, 19970H1778B3738 - 2 -
1 distribute, exhibit or give away or show any obscene 2 materials to any person 18 years of age or older, or 3 knowingly advertise any obscene materials in any manner; 4 (3) design, copy, draw, photograph, print, utter, 5 publish or in any manner manufacture or prepare any obscene 6 materials; 7 (4) write, print, publish, utter or cause to be written, 8 printed, published or uttered any advertisement or notice of 9 any kind giving information, directly or indirectly, stating 10 or purporting to state where, how, from whom, or by what 11 means any obscene materials can be purchased, obtained or 12 had; 13 (5) produce, present or direct any obscene performance 14 or participate in a portion thereof that is obscene or that 15 contributes to its obscenity; [or] 16 (6) hire, employ, use or permit any minor child to do or 17 assist in doing any act or thing mentioned in this 18 subsection[.]; 19 (7) knowingly take or deliver in any manner any obscene 20 material into a State correctional institution, county 21 prison, regional prison facility or any other type of 22 correctional facility; 23 (8) possess any obscene material while such person is an 24 inmate of any State correctional institution, county prison, 25 regional prison facility or any other type of correctional 26 facility; or 27 (9) knowingly permit any obscene material to enter any 28 State correctional institution, county prison, regional 29 prison facility or any other type of correctional facility if 30 such person is a prison guard or other employee of any 19970H1778B3738 - 3 -
1 correctional facility described in this paragraph.
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3 Section 2. This act shall take effect in 60 days.
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