H-3822

AN ACT Relating to sale of certain publications to minors; adding a new chapter to Title 9 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Minor" means any person under age eighteen.

(2) "Person" means any individual, corporation, or other organization.

(3) "Deadly weapon" means any explosive, loaded or unloaded firearm, ammunition, weapon, device, instrument, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm. "Substantial bodily harm," as used in this definition, means bodily injury which involves a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part.

(4) "Dealers," "distributors," and "exhibitors" mean persons engaged in the sale, distribution, or exhibition of printed material.

(5) "Explosive" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing, that an ignition by fire, friction, concussion, percussion, or detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

NEW SECTION. Sec. 2. (1) When it appears that material containing instructions or descriptions for making explosives or deadly weapons is being sold, distributed, or exhibited to minors 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 contains instructions or descriptions for making explosives or deadly weapons.

(2) Notice of the hearing shall immediately be served upon the dealer, distributor, or exhibitor selling or otherwise distributing or exhibiting the material allegedly containing instructions or descriptions for making explosives or deadly weapons. The superior court shall hold a hearing not later than five days from the service of notice to determine whether the subject matter is material containing instructions or descriptions for making explosives or deadly weapons.

(3) If the superior court rules that the subject material is material containing instructions or descriptions for making explosives or deadly weapons, then, following such adjudication:

(a) The court shall issue an order requiring that an "adults only" label be placed on the publication, if the publication is going to continue to be distributed. Whenever the superior court orders a publication to have an "adults only" label placed on it, the label shall be impressed on the front cover of all copies of the publication sold or otherwise distributed in the state of Washington. The label shall be in forty-eight point bold face type located in a conspicuous place on the front cover of the publication. Dealers and distributors may not display publications that are subject to this subsection in their store windows, on outside newsstands on public thoroughfares, or in any other manner so as to make them readily accessible to minors.

(b) Failure to comply with a court order issued under the provisions of this section subjects the dealer, distributor, or exhibitor to contempt proceedings.

(c) Any person who, after the court determines material to be subject to this subsection, sells, distributes, or exhibits the material to a minor is guilty of violating this chapter and subject to the following penalties:

(i) For the first offense, a misdemeanor, and upon conviction, a fine of not more than five hundred dollars or confinement in the county jail for not more than six months;

(ii) For the second offense, a gross misdemeanor, and upon conviction, a fine of not more than one thousand dollars or confinement in the county jail for not more than one year;

(iii) For all subsequent offenses, a felony, and upon conviction, a fine of not more than five thousand dollars or confinement in the county jail for not less than one year.

NEW SECTION. Sec. 3. (1) It is unlawful for a minor to misrepresent his or her age or status as the child, stepchild, or ward of a person accompanying him or her, for the purpose of purchasing or obtaining access to any material containing instructions or descriptions for making explosives or deadly weapons.

(2) It is unlawful for a person accompanying a minor to misrepresent his or her status as a parent, spouse of a parent, or guardian of the minor for the purpose of enabling the minor to purchase or obtain access to material containing instructions or descriptions for making explosives or deadly weapons.

NEW SECTION. Sec. 4. No retailer, wholesaler, or exhibitor may be deprived of service from a wholesaler or wholesaler-distributor of books, magazines, motion pictures, or other materials or subjected to loss of his or her franchise or right to deal or exhibit as a result of his or her attempts to comply with this chapter. A publisher, distributor, or other person, or combination of such persons, that withdraws or attempts to withdraw a franchise or other right to sell at retail or wholesale or to exhibit materials on account of the retailer's, wholesaler's, or exhibitor's attempts to comply with this chapter shall incur civil liability to the retailer, wholesaler, or exhibitor for three times the actual damages resulting from the withdrawal or attempted withdrawal.

NEW SECTION. Sec. 5. Nothing in this chapter applies to the circulation of any material containing instructions or descriptions for making explosives or deadly weapons by a recognized historical society or museum, county law library, public library, library of a college or university, the state library, the state law library, or an archive or library under the supervision and control of the state or a county, municipality, or other political subdivision.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 9 RCW.