SENATE BILL REPORT

ESSB 6711

BYSenate Committee on Law & Justice (originally sponsored by Senators McCaslin, Owen, Smith, Stratton, Lee, Craswell, Cantu and Nelson)

Prohibiting the public display and distribution to minors of material that is harmful to minors.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 5, 1988

Majority Report:  That Substitute Senate Bill No. 6711 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  February 8, 1988

AS PASSED SENATE, FEBRUARY 10, 1988

BACKGROUND:

Washington law prohibits the sale, distribution, or exhibition of erotic materials to minors.  The prohibition applies only to materials which have been determined by a court to be erotic.  Erotic materials are those which appeal to the prurient interest of minors in sex, are patently offensive, and are utterly without redeeming social value.  A person who violates these provisions is guilty of a misdemeanor for the first offense, a gross misdemeanor for the second offense, and a felony for the third and subsequent offenses.  In 1987 the Legislature also prohibited allowing minors on the premises of commercial establishments where there is a live performance which contains erotic material.  Violation of this provision is a gross misdemeanor.

SUMMARY:

The statutory prohibitions on distribution of erotic materials to minors are repealed and replaced with provisions prohibiting the display, sale, or distribution to minors of materials which are harmful to minors (patently offensive sexual conduct which lacks artistic value).  Material which may be harmful to minors includes written and visual materials and live performances.  A person who knowingly displays materials harmful to minors in a manner in which minors may view it, sells or otherwise distributes to a minor materials harmful to minors, or presents to a minor a live performance which is harmful to minors is guilty of a gross misdemeanor.  Each day that a person engages in a prohibited activity is a separate offense and every act or transaction that is prohibited is a separate offense.

Libraries and museums are exempted from the provisions of the bill.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Hargrove; Chris Quinn-Brintnall, Pierce County Deputy Prosecutor; Andrea Vangor, Citizens For Children Committee; Mark Allen, Washington Library Association; Gorden Conable, Fort Vancouver Regional Library; Bob Seeber, Publications Distributors; Sue Clinton, C.A.P.; Paul Thrash, Pierce County Sheriff's Office; John Eidsmore, Bill of Rights Legal Foundation