CERTIFICATION OF ENROLLMENT
HOUSE BILL 2554
1992 Regular Session
Passed by the House March 7, 1992
Yeas 89 Nays 7
Speaker of the
House of Representatives
Passed by the Senate March 3, 1992
Yeas 35 Nays 9
I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2554 as passed by the House of Representatives and the Senate on the dates hereon set forth.
President of the Senate
Approved Place Style On Codes above, and Style Off Codes below.
Governor of the State of Washington
Secretary of State
State of Washington
HOUSE BILL 2554
AS AMENDED BY THE SENATE
Passed Legislature - 1992 Regular Session
State of Washington 52nd Legislature 1992 Regular Session
By Representatives R. King, Padden, Scott, Casada, Paris, Pruitt, Brough, Belcher, Rasmussen and Nealey
Read first time 01/22/92. Referred to Committee on Judiciary.
AN ACT Relating to erotic material and sound recordings; and amending RCW 9.68.050, 9.68.060, 9.68.090, and 9.68.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.68.050 and 1969 ex.s. c 256 s 13 are each amended to read as follows:
For the purposes of RCW 9.68.050 through 9.68.120:
(1) "Minor" means any person under the age of eighteen years;
(2) "Erotic material" means printed material, photographs, pictures, motion pictures, sound recordings, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters or sado-masochistic abuse; and is utterly without redeeming social value;
(3) "Person" means any individual, corporation, or other organization;
"Dealers", "distributors", and "exhibitors" mean
persons engaged in the distribution, sale, or exhibition of printed material,
photographs, pictures, ((
or)) motion pictures, or sound recordings.
Sec. 2. RCW 9.68.060 and 1969 ex.s. c 256 s 14 are each amended to read as follows:
(1) When it appears that material which may be deemed erotic is being sold, distributed, or exhibited in this state, the prosecuting attorney of the county in which the sale, distribution, or exhibition is taking place may apply to the superior court for a hearing to determine the character of the material with respect to whether it is erotic material.
(2) Notice of the hearing shall immediately be served upon the dealer, distributor, or exhibitor selling or otherwise distributing or exhibiting the alleged erotic material. The superior court shall hold a hearing not later than five days from the service of notice to determine whether the subject matter is erotic material within the meaning of RCW 9.68.050.
(3) If the superior court rules that the subject material is erotic material, then, following such adjudication:
the subject material is written or printed, or is a sound recording, the
court shall issue an order requiring that an "adults only" label be
placed on the publication or sound recording, if such publication or
sound recording is going to continue to be distributed. Whenever the
superior court orders a publication or sound recording to have an
"adults only" label placed thereon, such label shall be impressed on
the front cover of all copies of such erotic publication or sound recording
sold or otherwise distributed in the state of Washington. Such labels shall be
in forty-eight point bold face type located in a conspicuous place on the front
cover of the publication or sound recording. All dealers and
distributors are hereby prohibited from displaying erotic publications or
sound recordings in their store windows, on outside newsstands on public
thoroughfares, or in any other manner so as to make ((
erotic publication or the contents of an erotic sound recording readily
accessible to minors.
(b) If the subject material is a motion picture, the court shall issue an order requiring that such motion picture shall be labeled "adults only". The exhibitor shall prominently display a sign saying "adults only" at the place of exhibition, and any advertising of said motion picture shall contain a statement that it is for adults only. Such exhibitor shall also display a sign at the place where admission tickets are sold stating that it is unlawful for minors to misrepresent their age.
(c) Failure to comply with a court order issued under the provisions of this section shall subject the dealer, distributor, or exhibitor to contempt proceedings.
(d) Any person who, after the court determines material to be erotic, sells, distributes, or exhibits the erotic material to a minor shall be guilty of violating RCW 9.68.050 through 9.68.120, such violation to carry the following penalties:
(i) For the first offense a misdemeanor and upon conviction shall be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months;
(ii) For the second offense a gross misdemeanor and upon conviction shall be fined not more than one thousand dollars, or imprisoned not more than one year;
(iii) For all subsequent offenses a felony and upon conviction shall be fined not more than five thousand dollars, or imprisoned not less than one year.
Sec. 3. RCW 9.68.090 and 1969 ex.s. c 256 s 17 are each amended to read as follows:
No retailer, wholesaler, or exhibitor is to be deprived of service from a wholesaler or wholesaler-distributor of books, magazines, motion pictures, sound recordings, or other materials or subjected to loss of his franchise or right to deal or exhibit as a result of his attempts to comply with this statute. Any publisher, distributor, or other person, or combination of such persons, which withdraws or attempts to withdraw a franchise or other right to sell at retail, wholesale or exhibit materials on account of the retailer's, wholesaler's or exhibitor's attempts to comply with RCW 9.68.050 through 9.68.120 shall incur civil liability to such retailer, wholesaler or exhibitor for threefold the actual damages resulting from such withdrawal or attempted withdrawal.
Sec. 4. RCW 9.68.070 and 1969 ex.s. c 256 s 15 are each amended to read as follows:
In any prosecution for violation of RCW 9.68.060, it shall be a defense that:
(1) If the violation pertains to a motion picture or sound recording, the minor was accompanied by a parent, parent's spouse, or guardian; or
(2) Such minor exhibited to the defendant a draft card, driver's license, birth certificate, or other official or an apparently official document purporting to establish such minor was over the age of eighteen years; or
(3) Such minor was accompanied by a person who represented himself to be a parent, or the spouse of a parent, or a guardian of such minor, and the defendant in good faith relied upon such representation.