Pennsylvania Act 1996-160 — CRIMES CODE (18 PA.C.S.) - AMEND

Act text

CRIMES CODE (18 PA.C.S.) - AMEND
                 Act of Dec. 18, 1996, P.L. 1074, No. 160             Cl. 18
                             Session of 1996
                               No. 1996-160

     SB 1204

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for hindering
        apprehension or prosecution; and further defining "bottle
        club."

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5105 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5105.  Hindering apprehension or prosecution.
        (a)  Offense defined.--A person commits an offense if, with
     intent to hinder the apprehension, prosecution, conviction or
     punishment of another for crime or violation of the terms of
     probation, parole, intermediate punishment or Accelerated
     Rehabilitative Disposition, he:
            (1)  harbors or conceals the other;
            (2)  provides or aids in providing a weapon,
        transportation, disguise or other means of avoiding
        apprehension or effecting escape;
            (3)  conceals or destroys evidence of the crime, or
        tampers with a witness, informant, document or other source
        of information, regardless of its admissibility in evidence;
            (4)  warns the other of impending discovery or
        apprehension, except that this paragraph does not apply to a
        warning given in connection with an effort to bring another
        into compliance with law; or
            (5)  [volunteers] provides false information to a law
        enforcement officer.
        (b)  Grading.--The offense is a felony of the third degree if
     the conduct which the actor knows has been charged or is liable
     to be charged against the person aided would constitute a felony
     of the first or second degree. Otherwise it is a misdemeanor of
     the second degree.
        Section 2.  Section 7329(c) of Title 18 is amended to read:
      § 7329.  Prohibition of certain types of entertainment on
                bottle club premises.
        * * *
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Bottle club."  [An establishment conforming to the
     definition set forth in section 7328(c) (relating to operation
     of certain establishments prohibited without local option).] An
     establishment operated for profit or pecuniary gain, which has a
     capacity for the assemblage of 20 or more persons and in which
     alcoholic liquors, alcohol or malt or brewed beverages are not
     legally sold but where alcoholic liquors, alcohol or malt or
     brewed beverages are either provided by the operator or agents
     or employees of the operator for consumption on the premises or
     are brought into or kept at the establishment by the patrons or
     persons assembling there for use and consumption. The term shall
     not include a licensee under the act of April 12, 1951 (P.L.90,
     No.21), known as the Liquor Code, or any organization as set
     forth in section 6 of the act of December 19, 1990 (P.L.1200,
     No.202), known as the Solicitation of Funds for Charitable
     Purposes Act.
        "Lewd, immoral or improper entertainment."  Includes, but is
     not limited to, the following acts of conduct:
            (1)  Acts or simulated acts of sexual intercourse,
        masturbation, sodomy, bestiality, oral copulation,
        flagellation or excretion or any sexual acts which are
        prohibited by law.
            (2)  Any person being touched, caressed or fondled on the
        buttocks, anus, vulva, genitals or female breasts. This
        paragraph includes simulation.
            (3)  Scenes wherein a person displays or exposes to view
        any portion of the pubic area, anus, cleft of the buttocks,
        vulva, genitals or any portion of the female breast directly
        or laterally below the top of the areola. This paragraph
        includes simulation.
            (4)  Scenes wherein artificial devices or inanimate
        objects are employed to portray any of the prohibited
        activities described in paragraph (1), (2) or (3).
            (5)  Employment or use of any person in the sale and
        service of alcoholic beverages while such person is unclothed
        or in such attire, costume or clothing as to expose to view
        any portion of the anatomy described in paragraph (3).
            (6)  Employment or use of the services of a person while
        the person is unclothed or in such attire as to expose to
        view any portion of the anatomy described in paragraph (3).
            (7)  Permitting any person on the premises to touch,
        caress or fondle the buttocks, anus, vulva, genitals or
        female breasts of any other person.
            (8)  Permitting any person on the premises while such
        person is unclothed or in such attire as to expose to view
        any portion of the anatomy described in paragraph (3).
            (9)  Permitting any person to wear or use any device or
        covering exposed to view which simulates the human buttocks,
        anus, vulva, genitals or female breasts.
            (10)  Permitting any person to show, display or exhibit
        on the premises any film, still picture, electronic
        reproduction or any other visual reproduction or image the
        content of which primarily depicts graphic sexual acts as
        described in paragraphs (1) and (4).
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 18th day of December, A. D. 1996.

     THOMAS J. RIDGE