HOUSE AMENDED
PRIOR PRINTER'S NOS. 1401, 2006, 2090 PRINTER'S NO. 2462
No. 1204 Session of 1995
INTRODUCED BY LEMMOND, BAKER, SHAFFER, SALVATORE, O'PAKE,
GERLACH, MUSTO, DELP, ULIANA, HECKLER, TOMLINSON, BRIGHTBILL
AND HART, AUGUST 18, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 25, 1996
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for hindering
3 apprehension or prosecution; AND FURTHER DEFINING "BOTTLE <--
4 CLUB."
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5105 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 5105. Hindering apprehension or prosecution.
10 (a) Offense defined.--A person commits an offense if, with
11 intent to hinder the apprehension, prosecution, conviction or
12 punishment of another for crime OR VIOLATION OF THE TERMS OF <--
13 PROBATION, PAROLE, INTERMEDIATE PUNISHMENT OR ACCELERATED
14 REHABILITATIVE DISPOSITION, he:
15 (1) harbors or conceals the other;
16 (2) provides or aids in providing a weapon,
17 transportation, disguise or other means of avoiding
1 apprehension or effecting escape;
2 (3) conceals or destroys evidence of the crime, or
3 tampers with a witness, informant, document or other source
4 of information, regardless of its admissibility in evidence;
5 (4) warns the other of impending discovery or
6 apprehension, except that this paragraph does not apply to a
7 warning given in connection with an effort to bring another
8 into compliance with law; or
9 (5) [volunteers] provides false information to a law
10 enforcement officer.
11 (b) Grading.--The offense is a felony of the third degree if
12 the conduct which the actor knows has been charged or is liable
13 to be charged against the person aided would constitute a felony
14 of the first or second degree. Otherwise it is a misdemeanor of
15 the second degree.
16 SECTION 2. SECTION 7328 OF TITLE 18, ADDED NOVEMBER 22, 1995 <--
17 (P.L.621, NO.66), IS AMENDED TO READ:
18 § 7328. OPERATION OF CERTAIN ESTABLISHMENTS PROHIBITED WITHOUT
19 LOCAL OPTION.
20 * * *
21 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "BOTTLE
22 CLUB" MEANS AN ESTABLISHMENT OPERATED FOR PROFIT OR PECUNIARY
23 GAIN, [WHICH ADMITS PATRONS UPON THE PAYMENT OF A FEE,] HAS A
24 CAPACITY FOR THE ASSEMBLAGE OF 20 OR MORE PERSONS, AND IN WHICH
25 ALCOHOLIC LIQUORS, ALCOHOL OR MALT OR BREWED BEVERAGES ARE NOT
26 LEGALLY SOLD BUT WHERE ALCOHOLIC LIQUORS, ALCOHOL OR MALT OR
27 BREWED BEVERAGES ARE EITHER PROVIDED BY THE OPERATOR OR AGENTS
28 OR EMPLOYEES OF THE OPERATOR FOR CONSUMPTION ON THE PREMISES OR
29 ARE BROUGHT INTO OR KEPT AT THE ESTABLISHMENT BY THE PATRONS OR
30 PERSONS ASSEMBLING THERE FOR USE AND CONSUMPTION. THE TERM SHALL
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1 NOT INCLUDE A LICENSEE UNDER THE ACT OF APRIL 12, 1951 (P.L.90,
2 NO.21), KNOWN AS THE LIQUOR CODE, OR ANY ORGANIZATION AS SET
3 FORTH IN SECTION 6 OF THE ACT OF DECEMBER 19, 1990 (P.L.1200,
4 NO.202), KNOWN AS THE SOLICITATION OF FUNDS FOR CHARITABLE
5 PURPOSES ACT.
6 SECTION 2. SECTION 7329(C) OF TITLE 18 IS AMENDED TO READ: <--
7 § 7329. PROHIBITION OF CERTAIN TYPES OF ENTERTAINMENT ON BOTTLE
8 CLUB PREMISES.
9 * * *
10 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
11 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
12 SUBSECTION:
13 "BOTTLE CLUB." [AN ESTABLISHMENT CONFORMING TO THE
14 DEFINITION SET FORTH IN SECTION 7328(C) (RELATING TO OPERATION
15 OF CERTAIN ESTABLISHMENTS PROHIBITED WITHOUT LOCAL OPTION).] AN
16 ESTABLISHMENT OPERATED FOR PROFIT OR PECUNIARY GAIN, WHICH HAS A
17 CAPACITY FOR THE ASSEMBLAGE OF 20 OR MORE PERSONS, AND IN WHICH
18 ALCOHOLIC LIQUORS, ALCOHOL OR MALT OR BREWED BEVERAGES ARE NOT
19 LEGALLY SOLD BUT WHERE ALCOHOLIC LIQUORS, ALCOHOL OR MALT OR
20 BREWED BEVERAGES ARE EITHER PROVIDED BY THE OPERATOR OR AGENTS
21 OR EMPLOYEES OF THE OPERATOR FOR CONSUMPTION ON THE PREMISES OR
22 ARE BROUGHT INTO OR KEPT AT THE ESTABLISHMENT BY THE PATRONS OR
23 PERSONS ASSEMBLING THERE FOR USE AND CONSUMPTION. THE TERM SHALL
24 NOT INCLUDE A LICENSEE UNDER THE ACT OF APRIL 12, 1951 (P.L.90,
25 NO.21), KNOWN AS THE LIQUOR CODE, OR ANY ORGANIZATION AS SET
26 FORTH IN SECTION 6 OF THE ACT OF DECEMBER 19, 1990 (P.L.1200,
27 NO.202), KNOWN AS THE SOLICITATION OF FUNDS FOR CHARITABLE
28 PURPOSES ACT.
29 "LEWD, IMMORAL OR IMPROPER ENTERTAINMENT." INCLUDES, BUT IS
30 NOT LIMITED TO, THE FOLLOWING ACTS OF CONDUCT:
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1 (1) ACTS OR SIMULATED ACTS OF SEXUAL INTERCOURSE,
2 MASTURBATION, SODOMY, BESTIALITY, ORAL COPULATION,
3 FLAGELLATION OR EXCRETION OR ANY SEXUAL ACTS WHICH ARE
4 PROHIBITED BY LAW.
5 (2) ANY PERSON BEING TOUCHED, CARESSED OR FONDLED ON THE
6 BUTTOCKS, ANUS, VULVA, GENITALS OR FEMALE BREASTS. THIS
7 PARAGRAPH INCLUDES SIMULATION.
8 (3) SCENES WHEREIN A PERSON DISPLAYS OR EXPOSES TO VIEW
9 ANY PORTION OF THE PUBIC AREA, ANUS, CLEFT OF THE BUTTOCKS,
10 VULVA, GENITALS OR ANY PORTION OF THE FEMALE BREAST DIRECTLY
11 OR LATERALLY BELOW THE TOP OF THE AREOLA. THIS PARAGRAPH
12 INCLUDES SIMULATION.
13 (4) SCENES WHEREIN ARTIFICIAL DEVICES OR INANIMATE
14 OBJECTS ARE EMPLOYED TO PORTRAY ANY OF THE PROHIBITED
15 ACTIVITIES DESCRIBED IN PARAGRAPH (1), (2) OR (3).
16 (5) EMPLOYMENT OR USE OF ANY PERSON IN THE SALE AND
17 SERVICE OF ALCOHOLIC BEVERAGES WHILE SUCH PERSON IS UNCLOTHED
18 OR IN SUCH ATTIRE, COSTUME OR CLOTHING AS TO EXPOSE TO VIEW
19 ANY PORTION OF THE ANATOMY DESCRIBED IN PARAGRAPH (3).
20 (6) EMPLOYMENT OR USE OF THE SERVICES OF A PERSON WHILE
21 THE PERSON IS UNCLOTHED OR IN SUCH ATTIRE AS TO EXPOSE TO
22 VIEW ANY PORTION OF THE ANATOMY DESCRIBED IN PARAGRAPH (3).
23 (7) PERMITTING ANY PERSON ON THE PREMISES TO TOUCH,
24 CARESS OR FONDLE THE BUTTOCKS, ANUS, VULVA, GENITALS OR
25 FEMALE BREASTS OF ANY OTHER PERSON.
26 (8) PERMITTING ANY PERSON ON THE PREMISES WHILE SUCH
27 PERSON IS UNCLOTHED OR IN SUCH ATTIRE AS TO EXPOSE TO VIEW
28 ANY PORTION OF THE ANATOMY DESCRIBED IN PARAGRAPH (3).
29 (9) PERMITTING ANY PERSON TO WEAR OR USE ANY DEVICE OR
30 COVERING EXPOSED TO VIEW WHICH SIMULATES THE HUMAN BUTTOCKS,
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1 ANUS, VULVA, GENITALS OR FEMALE BREASTS.
2 (10) PERMITTING ANY PERSON TO SHOW, DISPLAY OR EXHIBIT
3 ON THE PREMISES ANY FILM, STILL PICTURE, ELECTRONIC
4 REPRODUCTION OR ANY OTHER VISUAL REPRODUCTION OR IMAGE THE
5 CONTENT OF WHICH PRIMARILY DEPICTS GRAPHIC SEXUAL ACTS AS
6 DESCRIBED IN PARAGRAPHS (1) AND (4).
7 Section 2 3. This act shall take effect in 60 days. <--
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