SENATE BILL REPORT

SHB 734

BYHouse Committee on Judiciary (originally sponsored by Representatives 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

Senate Committee on Judiciary

Senate Hearing Date(s):March 25, 1987; March 27, 1987

Majority Report:     Do pass as amended.

     Signed by Senators Talmadge, Chairman; Bottiger, McCaslin, Newhouse.

Senate Staff:Jon Carlson (786-7459)

                March 30, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 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:

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 25 percent or more of the stock in trade of the establishment is erotic material.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Erotic materials means any sexually explicit conduct as defined in the sexual exploitation of children statute.

No person may knowingly allow a minor on the premises of a commercial establishment if there is a live performance containing matter which is erotic material.  A violation of this provision is a gross misdemeanor.

Fiscal Note:    none requested

Senate Committee - Testified:   Allan Rudberg, United Fathers and Mothers of America; Bob Seeber, Publications Distributors; Andrea Vangor, Washington State Pro-Child Committee; Ted Hazen, Everett Police Department