PRINTER'S NO. 3038
No. 2228 Session of 2003
INTRODUCED BY GABIG, E. Z. TAYLOR, TIGUE, LEDERER, CAPPELLI,
MUSTIO, SCAVELLO, LEH, HARRIS, NAILOR, HERSHEY, CREIGHTON,
GOOD, STERN, MAITLAND, BALDWIN, CORRIGAN, GRUCELA, FORCIER,
HENNESSEY, McILHATTAN, GINGRICH, YOUNGBLOOD, CRAHALLA,
PETRARCA, SOLOBAY, HICKERNELL, WEBER, LAUGHLIN, KELLER AND
HUTCHINSON, DECEMBER 8, 2003
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 8, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of selling
3 or renting pornographic videos to minors.
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 § 4307. Sale or rental of pornographic videos to minors.
9 (a) Offense defined.--Except as set forth in subsection (d),
10 a person is guilty of a summary offense if the person sells or
11 rents a pornographic video to any minor.
12 (b) Penalty.--
13 (1) Except as set forth in paragraph (2), a person that
14 violates subsection (a) shall be sentenced as follows:
15 (i) for the first offense, to pay a fine of not less
16 than $100 nor more than $250;
1 (ii) for a second offense, to pay a fine of not less
2 than $250 nor more than $500; or
3 (iii) for a third or subsequent offense, to pay a
4 fine of not less than $500 nor more than $1,000.
5 (2) A retailer that violates subsection (a) shall be
6 sentenced as follows:
7 (i) for a first offense, to pay a fine of not less
8 than $100 nor more than $500;
9 (ii) for a second offense, to pay a fine of not less
10 than $500 nor more than $1,000;
11 (iii) for a third offense, to pay a fine of not less
12 than $1,000 nor more than $3,000; or
13 (iv) for a fourth or subsequent offense, to pay a
14 fine of not less than $3,000 nor more than $5,000.
15 (c) Vicarious liability.--Except as provided in subsection
16 (e)(1), a retailer is liable for the acts of its agents as
17 permitted by section 307 (relating to liability of organizations
18 and certain related persons).
19 (d) Exceptions.--
20 (1) The following affirmative defense is available:
21 (i) It is an affirmative defense for a retailer to
22 an offense under subsection (a) that, prior to the date
23 of the alleged violation, the retailer has complied with
24 all of the following:
25 (A) adopted and implemented a written policy
26 against selling or renting a pornographic video to
27 minors which includes:
28 (I) a requirement that an employee ask an
29 individual who appears to be 25 years of age or
30 younger for a valid photoidentification as proof
20030H2228B3038 - 2 -
1 of age prior to making a sale or rental of a
2 pornographic video;
3 (II) a list of all types of acceptable
4 photoidentification;
5 (III) a list of factors to be examined in
6 the photoidentification, including photo
7 likeness, birth date, expiration date, bumps,
8 tears or other damage and signature;
9 (IV) a requirement that, if the
10 photoidentification is missing any of the items
11 listed in subclause (III), it is not valid and
12 cannot be accepted as proof of age for the sale
13 or rental of a pornographic video. A second
14 photoidentification may be required to make the
15 sale or rental of a pornographic video, with
16 questions referred to the manager; and
17 (V) a disciplinary policy which includes
18 employee counseling and suspension for failure to
19 require valid photoidentification and dismissal
20 for repeat improper sales.
21 (B) documented employee training indicating that
22 all employees selling or renting pornographic videos
23 have been informed of and understand the written
24 policy referred to in clause (A);
25 (C) trained all employees selling or renting
26 pornographic videos to verify that the purchaser is
27 at least 18 years of age before selling or renting
28 pornographic videos;
29 (D) conspicuously posted a notice that selling
30 or renting pornographic videos to a minor is illegal,
20030H2228B3038 - 3 -
1 that the purchase or rental of pornographic videos by
2 a minor is illegal and that a violator is subject to
3 penalties; and
4 (E) established and implemented disciplinary
5 sanctions for noncompliance with the policy under
6 clause (A).
7 (ii) An affirmative defense under this paragraph
8 must be proved by a preponderance of the evidence.
9 (iii) An affirmative defense under this paragraph
10 may be used by a retailer no more than three times at
11 each retail location during any 24-month period.
12 (2) No more than one violation of subsection (a) per
13 person arises out of separate incidents which take place in a
14 24-hour period.
15 (e) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Minor." An individual under 18 years of age.
19 "Pornographic video." A movie that has been rated NC-17, no
20 one 17 years of age and under admitted, by the Motion Picture
21 Association or has not been rated.
22 "Retailer." The owner of a business who sells or rents movie
23 videos.
24 Section 2. This act shall take effect in 60 days.
K20L18MEP/20030H2228B3038 - 4 -