PRIOR PRINTER'S NO. 4038 PRINTER'S NO. 4235
No. 2982 Session of 1994
INTRODUCED BY ROONEY, BELARDI, LaGROTTA, BAKER, SATHER,
HENNESSEY, COLAIZZO, STABACK, BATTISTO, ROBINSON, CONTI,
TRELLO, COLAFELLA, LEDERER, STEELMAN, TOMLINSON, FICHTER AND
EGOLF, JUNE 28, 1994
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 1994
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for unlawful sale of
3 recorded material with warning labels and for penalties.
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 § 6315. Sale of prerecorded audio materials with parental
9 warning labels affixed.
10 (a) Offense defined.--A person commits a summary AN offense <--
11 if he:
12 (1) sells any prerecorded audio material to which a
13 parental warning label is affixed to any minor under the age
14 of 18 years UNLESS SUCH MINOR KNOWINGLY AND FALSELY <--
15 REPRESENTED HIMSELF TO BE 18 YEARS OF AGE OR OLDER AS
16 DESCRIBED IN PARAGRAPH (2); or
17 (2) knowingly and falsely represents himself to be 18
1 years of age or older to another for the purpose of
2 purchasing any prerecorded audio material to which a parental
3 warning label is affixed.
4 (b) Penalties.--
5 (1) Any person who violates subsection (a)(1) shall,
6 upon conviction, be sentenced to pay a fine of not less than <--
7 $25 for a first offense and not less than $100 for a <--
8 subsequent offense.
9 (2) Any person who violates subsection (a)(2) shall,
10 upon conviction, be sentenced to not less than 25 TEN hours <--
11 of community service for the local domestic violence and rape <--
12 crisis center for the first offense and not less than 100 25 <--
13 hours of such community service for a subsequent offense.
14 (c) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Parental warning label." Any label containing the message
18 "Parental Advisory/Explicit Lyrics," or any variation thereof,
19 as set forth by the Recording Industry Association of America.
20 "Prerecorded audio materials." Any compact disc, cassette,
21 eight-track tape or record sold for retail.
22 Section 2. This act shall take effect immediately.
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