PRINTER'S NO. 2042
No. 1689 Session of 1989
INTRODUCED BY GAMBLE, DeLUCA, KASUNIC, FLEAGLE, SEMMEL, FEE,
GIGLIOTTI, PITTS, MARSICO, JACKSON, SAURMAN, CARLSON, WOGAN,
CLYMER, J. L. WRIGHT, PHILLIPS, MRKONIC, LEH, DIETTERICK,
FARGO, MAIALE, HOWLETT, BELARDI, MELIO, SERAFINI, TRELLO,
GEIST, JOHNSON, E. Z. TAYLOR, BILLOW, DEMPSEY, JADLOWIEC,
COLAIZZO, HESS, BURD, BUNT, DOMBROWSKI, ROBINSON, BISHOP,
HECKLER, LAUGHLIN, ADOLPH, FOSTER, CIVERA, HARPER, MICHLOVIC
AND OLASZ, JUNE 13, 1989
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for an offense relating to
3 the sale of certain recordings.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5905. Sale of certain recording prohibited.
9 (a) Offense defined.--No person shall sell or offer to sell
10 in this Commonwealth any phonograph record, magnetic tape or
11 compact disc which contains lyrics descriptive of, advocating or
12 encouraging suicide, sodomy, incest, beastiality, sadomasochism,
13 adultery or other forms of sexual activity in a violent context
14 or advocating or encouraging murder, morbid violence or the use
15 of illegal drugs or alcohol, unless the cover of such material
1 contains a parental warning that the lyrics contain such violent
2 messages.
3 (b) Required label.--The label required by this section
4 shall be placed on the front cover of the phonograph record,
5 magnetic tape or compact disc. Such label shall not be readily
6 removable and shall be printed with black letters of number 12
7 type or more on a yellow fluorescent background, except that the
8 words "WARNING" and "PARENTAL ADVISORY" shall be printed in
9 letters which are one-half inch high. The warning shall read
10 substantially as follows:
11 "WARNING: May contain explicit lyrics descriptive of or
12 advocating one or more of the following:
13 Suicide
14 Sodomy
15 Incest
16 Beastiality
17 Sadomasochism
18 Adultery
19 Sexual activity in a violent context
20 Murder
21 Morbid violence
22 Use of illegal drugs or alcohol.
23 PARENTAL ADVISORY"
24 (c) Grading.--Any person who violates subsection (a) commits
25 a misdemeanor of the third degree.
26 (d) Injunction.--The attorney for the Commonwealth may
27 institute proceedings in equity in the court of common pleas of
28 the county in which any person violates or is about to violate
29 this section for the purpose of enjoining such violation.
30 Section 2. This act shall take effect in 60 days.
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