AN ACT Relating to minor access to erotic materials; adding new sections to chapter 26.28 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 26.28 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" or "harmful to minors matter" means any matter:

(a) Which the average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors in sex;

(b) Which explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive representations or descriptions of:

(i) Ultimate sexual acts, normal or perverted, actual or simulated; or

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity; or

(iii) Violent or destructive sexual acts, including, but not limited to, human or animal mutilation, dismemberment, rape, or torture; 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) "Sexually explicit conduct" means physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, perineum, or, if such person be a female, breast.

(4) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(5) "Sexually explicit nudity" means the showing of the human male or female genitals, pubic area, buttocks, or perineum with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state.

(6) "Matter" means a motion picture film, a publication, a sexual device, or any combination thereof.

(7) "Motion picture film" means any: (a) Film or plate negative; (b) film or plate positive; (c) film designed to be projected on a screen for exhibition; (d) film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or (e) video tape or any other medium used to electronically reproduce images on a screen.

(8) "Publication" means any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or coin-operated machine.

(9) "Sexual device" means any artificial human penis, vagina, or anus, or other device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals, pubic area, perineum or anal area, including dildoes, penisators, vibrators, vibrillators, penis ring, erection enlargement or prolonging creams, jellies, or other such chemicals or preparations.

(10) "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.

(11) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.

(12) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

(a) The character and content of any matter or live performance which is reasonably susceptible of examination by the person allowing the presentation of the matter or performance; and

(b) The age of the minor; however, an honest mistake shall constitute an excuse from liability under this section if the person allowing the presentation of the matter or performance made a reasonable bona fide attempt to ascertain the true age of such minor.

(13) "A reasonable bona fide attempt" means an attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate or other governmental or educational identification card or paper, and not relying solely on the oral allegations or apparent age of the minor.

(14) "Stock in trade" means all items, merchandise, products, including prerecorded video tapes, discs, or similar material, or equipment readily available for purchase, rental, viewing, or use by customers of the establishment, excluding material located in any storeroom or other portion of the premises not open to customers.

NEW SECTION. Sec. 2. A new section is added to chapter 26.28 RCW to read as follows:

No person shall 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, or if twenty-five percent or more of the stock in trade of the commercial establishment is erotic material.

NEW SECTION. Sec. 3. A new section is added to chapter 26.28 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. Each day that any violation of section 2 of this act occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act prohibited by section 2 of this act shall constitute a separate offense as to each item involved and shall be punishable as such.

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.