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;
(4)
"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:
(a) If
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 ((them)) an
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.
