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                                                       PRINTER'S NO. 631

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 599 Session of 1997


        INTRODUCED BY KASUNIC, O'PAKE, COSTA, BELAN, TOMLINSON, KITCHEN
           AND STAPLETON, MARCH 3, 1997

        REFERRED TO JUDICIARY, MARCH 3, 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
    18     commercial establishment where minors, as a part of the

     1     general public or otherwise, are or will probably be exposed
     2     to view all or any part of such materials;
     3         (2)  sell, lend, distribute, exhibit, give away or show
     4     any obscene materials to any person 18 years of age or older
     5     or offer to sell, lend, distribute, exhibit or give away or
     6     show, or have in his possession with intent to sell, lend,
     7     distribute, exhibit or give away or show any obscene
     8     materials to any person 18 years of age or older, or
     9     knowingly advertise any obscene materials in any manner;
    10         (3)  design, copy, draw, photograph, print, utter,
    11     publish or in any manner manufacture or prepare any obscene
    12     materials;
    13         (4)  write, print, publish, utter or cause to be written,
    14     printed, published or uttered any advertisement or notice of
    15     any kind giving information, directly or indirectly, stating
    16     or purporting to state where, how, from whom, or by what
    17     means any obscene materials can be purchased, obtained or
    18     had;
    19         (5)  produce, present or direct any obscene performance
    20     or participate in a portion thereof that is obscene or that
    21     contributes to its obscenity; [or]
    22         (6)  hire, employ, use or permit any minor child to do or
    23     assist in doing any act or thing mentioned in this
    24     subsection; or
    25         (7)  mail any offering or advertisement for obscene
    26     material that was not solicited or requested by the
    27     addressee.
    28     * * *
    29     Section 2.  This act shall take effect in 60 days.

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