Current Status Bill Number:127 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Mitchell All Sponsors:Mitchell, Lander, Wilson, Washington, Leventis, Elliott, Rose Drafted Document Number:RES9454.TWM Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Parental warning labels, sound recordings
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
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TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505 SO AS TO MAKE IT UNLAWFUL TO SELL SOUND RECORDINGS AFFIXED WITH PARENTAL WARNING LABELS, AS SET FORTH BY THE RECORDING INDUSTRY ASSOCIATION OF AMERICA, TO MINORS UNDER THE AGE OF EIGHTEEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 17, Title 16 of the 1976 code is amended by adding:
"Section 16-17-505. (A) It is unlawful for a person to sell any sound recording to which a parental warning label is affixed to any minor under the age of eighteen years.
(B) Any person who violates subsection (A):
(1) for a first offense, is guilty of a misdemeanor and shall, upon conviction, be sentenced to imprisonment not to exceed thirty days or a fine of not less than two hundred dollars;
(2) for a second offense, is guilty of a misdemeanor and shall, upon conviction, be sentenced to imprisonment not to exceed six months or a fine of not less than five hundred dollars; and
(3) for a third offense, is guilty of a felony and shall, upon conviction, be sentenced to imprisonment not to exceed five years or a fine of not less than two thousand dollars.
(C) As used in this section, the following words and phrases shall have the following meanings:
(1) `Parental warning label' means any label containing the message `Parental Advisory/Explicit Lyrics' or any variation thereof, as set forth by the Recording Industry Association of America.
(2) `Sound recording' means any work that results from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied."
SECTION 2. This act takes effect upon approval by the Governor.