81
STAT.]
PUBLIC LAW 90-226-DEC. 27, 1967
739
which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or " (B) to exhibit to a minor, or to sell or provide to a minor an admission ticket to, or pass to, or to admit a minor to, premises whereon there is exhibited, a motion picture, show, or other preslentation which, in whole or in part, depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors. Definitions "(2) For purposes of paragraph (1) of this subsection: " (A) The term 'minor^means any person under the age of seventeen years. " (B) The term 'nudity' includes the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discermbly turgid state; " (C) The term 'sexual conduct' includes acts of sodomy, masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast. " (D) The term 'sexual excitement' includes the condition of human male or female genitals when in a state of sexual stimulation or arousal. " (E) The term 'sado-masochistic abuse' includes flagellation or torture by or upon a person clad in undergarments or a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. " (F) The term 'knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both of— "(i) the character and content of any material described in paragraph (1) of this subsection which is reasonably susceptible of exammation by the defendant; and " (ii) the age of the minor. Scientific insti"(c) It shall be an affirmative defense to a charge of violating sub- tutions, etc. section (a) or (b) of this section that the dissemination was to institutions or individuals having scientific, educational, or other special justification for possession of such material. " (d) Nothing in this section shall apply to a licensee under the Communications Act of 1934 while engaged in activities regulated f^ l^^^ ^^.^'^• pursuant to such Act. "(e) A person convicted of violating subsection (a) or (b) of this Penalties. section shall for the first offense be fined not more than $3,000 or imprisoned not more than one year, or both. A person convicted of a second or subsequent offense under subsection (a) or (b) of this section shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than six months or more than three years, or both." SEC. 607. Section 825a of the Act entitled "An Act to establish a Explosives. code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-3105), is amended by striking out "or by imprison- ^^ ^*^*- i"". ment not exceeding ten years." and inserting in lieu thereof the following: "and by imprisonment for not less than two years or more than ten years.". SEC. 608. Whoever shall make or cause to be made to the Metro- ^f^f^* reports to politan Police force of the District of Columbia, or to any officer or ^° °' member thereof, a false or fictitious report of the commission of any
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