Consistent with MGL c. 272, §§ 28
through 31, or as may be amended, and the definitions contained therein,
no person having custody, control or supervision of any commercial
establishment shall knowingly display the covers (front or back) of
any magazines, newspapers or periodicals which are harmful to minors
as defined in MGL c. 272, § 31, or as may be amended, in
such a way that minors, as part of the invited general public, will
be exposed to view such magazines, newspapers or periodicals; provided,
however, that a person shall be deemed not to have displayed said
magazines, newspapers or periodicals to said minors if said magazines,
newspapers or periodicals are sheathed in opaque covers or kept behind
devices commonly known as "blinder racks" so that only the title and
no more than 1/3 of the cover (front or back) of said magazines, newspapers
or periodicals is exposed to view.
It shall be an affirmative defense to any prosecution
under this chapter that said material was displayed, presented or
disseminated to a minor at a recognized and established school, church,
museum, medical clinic, hospital, public library, governmental agency,
quasi-governmental agency and by persons acting in their capacity
as employees or agents of such persons or organizations, and which
institution displays, presents or disseminates such said material
for a bona fide governmental, educational or scientific purpose.
Any person who shall be convicted of violating
any provision of this chapter shall be fined a sum not exceeding $300.
Each day that any violation of this chapter occurs or continues shall
constitute a separate offense and shall be punishable as a separate
violation. Each of said materials prohibited by this chapter shall
constitute a separate offense as to each item, issue or title involved
and shall be punishable as such. For the purpose of this section,
multiple copies of the same identical title, monthly issue, volume
and number of an issue or other such identical material shall constitute
a single offense.