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PRINTER'S NO. 3189
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2241
Session of
2020
INTRODUCED BY ROZZI, MURT, RABB, STURLA, JONES, STAATS, McNEILL,
FREEMAN, DELLOSO, HILL-EVANS, ROEBUCK, DeLUCA, OTTEN,
CALTAGIRONE AND HOWARD, JANUARY 21, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in public indecency, further providing
for obscene and other sexual materials and performances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5903(a) and (b) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 5903. Obscene and other sexual materials and performances.
(a) Offenses defined.--No person, knowing the obscene
character of the materials or performances involved, shall:
(1) display or cause or permit the display of any
explicit sexual materials as defined in subsection (c) in or
on any window, showcase, newsstand, display rack, billboard,
display board, viewing screen, motion picture screen, marquee
or similar place in such manner that the display is visible
from any public street, highway, sidewalk, transportation
facility or other public thoroughfare, or in any business or
commercial establishment where minors, as a part of the
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general public or otherwise, are or will probably be exposed
to view all or any part of such materials;
(2) sell, lend, distribute, transmit, exhibit, give away
or show any obscene materials to any person 18 years of age
or older or offer to sell, lend, distribute, transmit,
exhibit or give away or show, or have in his possession with
intent to sell, lend, distribute, transmit, exhibit or give
away or show any obscene materials to any person 18 years of
age or older, or knowingly advertise any obscene materials in
any manner;
(3) (i) design, copy, draw, photograph, print, utter,
publish or in any manner manufacture or prepare any
obscene materials; or
(ii) design, copy, draw, photograph, print, utter,
publish or in any manner manufacture or prepare any
obscene materials in which a minor is depicted;
(4) (i) write, print, publish, utter or cause to be
written, printed, published or uttered any advertisement
or notice of any kind giving information, directly or
indirectly, stating or purporting to state where, how,
from whom, or by what means any obscene materials can be
purchased, obtained or had; or
(ii) write, print, publish, utter or cause to be
written, printed, published or uttered any advertisement
or notice of any kind giving information, directly or
indirectly, stating or purporting to state where, how,
from whom or by what means any obscene materials can be
purchased, obtained or had in which a minor is included;
(5) (i) produce, present or direct any obscene
performance or participate in a portion thereof that is
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obscene or that contributes to its obscenity; or
(ii) produce, present or direct any obscene
performance or participate in a portion thereof that is
obscene or that contributes to its obscenity if a minor
is included;
(6) hire, employ, use or permit any minor child to do or
assist in doing any act or thing mentioned in this
subsection;
(7) knowingly take or deliver in any manner any obscene
material into a State correctional institution, county
prison, regional prison facility or any other type of
correctional facility;
(8) possess any obscene material while such person is an
inmate of any State correctional institution, county prison,
regional prison facility or any other type of correctional
facility; [or]
(9) knowingly permit any obscene material to enter any
State correctional institution, county prison, regional
prison facility or any other type of correctional facility if
such person is a prison guard or other employee of any
correctional facility described in this paragraph[.]; or
(10) knowingly conduct any of the following with an
obscene child-like sex doll:
(i) sell, lend, gift, distribute, transmit, show or
transmute;
(ii) offer to sell, lend, gift, distribute,
transmit, show or transmute;
(iii) possess or control with the intent to sell,
lend, gift, distribute, transmit, show or transmute; or
(iv) advertise in any manner.
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* * *
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Child-like sex doll." An obscene object used, displayed,
sold or marketed for sexual gratification that has anatomically
correct physical characteristics of a minor or has been
advertised as being created in the form of a minor.
* * *
Section 2. This act shall take effect in 60 days.
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