HOUSE BILL REPORT

HB 734

BYRepresentatives Scott, Patrick, P. King, Schmidt, R. King, Brough, Crane, Kremen, Moyer, Doty, May, Padden, L. Smith and Todd

Revising provisions regulating minor access to erotic materials.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, Moyer, Niemi, Padden, Patrick, Schmidt, Scott and Wang.

Minority Report:     Do not pass.  (1)

     Signed by Representative Locke.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 27, 1987

BACKGROUND:

Minors may be denied access to erotic material which has no redeeming social value, is patently offensive, and appeals to the prurient interest of minors in sex. Erotic material may be printed, photographic, motion pictures, or other material.  The prosecuting attorney may apply to superior court for a determination of whether material is erotic.  If the court determines that it is erotic, written or printed publications must be labeled as adult only material.  A motion picture determined to be erotic may only be shown in a place where prominent signs stating the show is adult only are displayed.

A person who sells, distributes, or exhibits erotic material to a minor is guilty of a misdemeanor for the first conviction, a gross misdemeanor for the second, and a class C felony for a third or subsequent offense.

SUMMARY:

SUBSTITUTE BILL:  A new procedure for limiting minor access to erotic or harmful to minors material is established.  Erotic or harmful to minors material is defined and includes live performances, in addition to printed, photographic, and video material.  It is a gross misdemeanor for a person to knowingly allow a minor on the premises of a commercial establishment if there is a live performance containing erotic material or if twenty-five percent or more of the stock in trade of the establishment is erotic material.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill amended the existing procedure for regulating access by minors to erotic material.  This procedure requires a prior court hearing before minors can be denied access to the erotic materials.  The original bill included live performances in the definition of erotic material and prohibited a business which obtained twenty-five percent or more of its revenue from erotic materials from hiring a minor in any capacity in the business.  The substitute bill creates a new procedure for prohibiting minor access to erotic material.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     John Stewart, Everett Police Dept.; Sarah France, Adult Use Citizens Commission, City of Everett.

House Committee - Testified Against: Andrea Vangor, Washington Together Against Pornography; June Dillworth, Advent Christian Church; Bob Seeber, Washington Publications Distributors.

House Committee - Testimony For:     The current procedure for declaring material to be erotic is cumbersome and does not cover live performances in the definition of erotic material.

House Committee - Testimony Against: The bill is probably unconstitutional. It also imposes too great a burden on distributors of publications to know what is or is not erotic.