H-4166.1  _______________________________________________

                          HOUSE BILL 2961

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Lambert and Lovick

Read first time 01/25/2000.  Referred to Committee on Judiciary.

Clarifying the definition of "public thoroughfare" for purposes of laws regulating display of sexually explicit material.

    AN ACT Relating to viewing of sexually explicit material from public thoroughfares; and amending RCW 9.68.130.

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

    Sec. 1.  RCW 9.68.130 and 1975 1st ex.s. c 156 s 1 are each amended to read as follows:

    (1) A person is guilty of unlawful display of sexually explicit material if he knowingly exhibits such material on a viewing screen so that the sexually explicit material is easily visible from a public thoroughfare, park, or playground or from one or more family dwelling units.

    (2) As used in this section:

(a) "Public thoroughfare" includes, but is not limited to, exterior and interior walkways, aisles, or other routes of ingress and egress used by the public;

(b) "Sexually explicit material" ((as that term is used in this section)) means any pictorial material displaying direct physical stimulation of unclothed genitals, masturbation, sodomy (i.e. bestiality or oral or anal intercourse), flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals:  PROVIDED HOWEVER, That works of art or of anthropological significance shall not be deemed to be within the foregoing definition.

    (3) Any person who violates subsection (1) of this section shall be guilty of a misdemeanor.

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