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SUBSTITUTE HOUSE BILL NO. 734
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AS AMENDED BY FREE CONFERENCE COMMITEE
C 396 L 87
State of Washington 50th Legislature 1987 Regular Session
By House 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)
Read first time 3/4/87 and passed to Committee on Rules.
AN ACT Relating to minor access to erotic materials; adding new sections to chapter 9.68A RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 9.68A RCW to read as follows:
For the purposes of sections 1 through 3 of this act:
(1) "Minor" means any person under the age of eighteen years.
(2) "Erotic materials" means live performance:
(a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and
(b) Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and
(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(3) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to, or before an audience of one or more, with or without consideration.
(4) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
NEW SECTION. Sec. 2. A new section is added to chapter 9.68A RCW to read as follows:
No person may knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material.
NEW SECTION. Sec. 3. A new section is added to chapter 9.68A RCW to read as follows:
Any person who is convicted of violating any provision of section 2 of this act is guilty of a gross misdemeanor.
NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.