ASSEMBLY, No. 520

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman CRECCO

An Act concerning the labeling of certain recordings and supplementing chapter 3 of Title 56 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. No person may sell, or offer to sell, in this State, at retail or wholesale, any phonograph record, magnetic tape or compact disc containing lyrics which explicitly describe, advocate or encourage suicide, incest, bestiality, sadomasochism, rape or involuntary sexual penetration, or which advocate or encourage murder, ethnic, racial or religious intimidation, the use of illegal drugs or the excessive or illegal use of alcohol, unless the cover of the recording contains a parental warning, as set forth in subsection b. of this section, that the lyrics contain these explicit messages.

    b. The label required by this section shall be affixed on the front cover of the phonograph record, magnetic tape or compact disc by the retailer. The label shall not be readily removable and shall be printed with black letters of 12 point type or more on a yellow fluorescent background, except that the words "Warning" and "Parental Advisory" shall be printed in letters which are 48 point type in the case of a phonograph record cover. In the case of a magnetic tape or compact disc cover, the label shall be printed with black letters of eight point type on a yellow fluorescent background, except that the words "Warning" and "Parental Advisory" shall be printed in ten point type. The warning shall read substantially as follows:

    "Parental Advisory and Warning: May contain explicit lyrics descriptive of or advocating one or more of the following:

    Suicide

    Incest

    Bestiality

    Sadomasochism

    Sexual activity in a violent or involuntary context

    Murder

    Morbid violence

    Ethnic, racial or religious intimidation

    Illegal use of drugs or alcohol."

    2. A person who violates this act is guilty of a petty disorderly persons offense. For any subsequent offense, a person shall be guilty of a disorderly persons offense.

    3. This act shall take effect on the first day of the seventh month after enactment.

STATEMENT

    This bill addresses growing parental concern over recordings which contain certain explicit lyrics. Some of these lyrics have been blamed for violent or otherwise criminal acts by youths. Complaints have generally been about the content of rap and heavy metal recordings.

    The bill would prohibit the sale or offer for sale at wholesale or retail of phonograph records, magnetic tapes or compact discs with explicit lyrics without a parental warning label. These lyrics are said to encourage murder, suicide, use of illegal drugs and alcohol, ethnic, racial or religious intimidation and a variety of socially or legally proscribed acts.

    A person who violates this act would be charged with a petty disorderly persons offense punishable by a fine of up to $500 or imprisonment for up to 30 days, or both. A subsequent violation would result in a person being charged with a disorderly persons offense.

Requires warning labels on certain recordings with explicit lyrics.