SENATE BILL REPORT

SB 6670

BYSenators Talmadge, Craswell, Smith, Warnke, Wojahn and Anderson

Prohibiting display and distribution of "slasher" videos or movies to minors.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1990; February 2, 1990

Majority Report:     That Substitute Senate Bill No. 6670 be substituted therefor, and the substitute bill do pass.

     Signed by Senators Nelson, Chairman; Hayner, Madsen, Newhouse, Patrick, Rasmussen, Talmadge.

Senate Staff:Dick Armstrong (786-7460)

                February 5, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 2, 1990

BACKGROUND:

Some video stores sell or rent films which depict violent and destructive acts such as dismemberment and torture.  These films do not have any serious artistic, political or scientific value to teenagers, and the films create a morbid interest in violence.

While such films are constitutionally protected for viewing by adults (unless the films are lewd or pornographic), courts have held that states can regulate the distribution of materials which are harmful to minors.

SUMMARY:

It is a misdemeanor for any person to knowingly sell or distribute videos to a person under the age of 18, if such videos:  (1) have a tendency to appeal to a morbid interest in violence in minors; (2) depict violent and destructive acts such as mutilation and torture; and (3) such materials lack serious artistic, political and scientific value for minors.

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

EFFECT OF PROPOSED SUBSTITUTE:

Terminology to convict a person under the act is clarified.  A person is guilty of a misdemeanor if the person "recklessly and with knowledge of its character" distributes prohibited videos to a minor.  The prior standard was "knowingly."

It is a defense under the act if the person has complied with the rating system of the Motion Picture Association of America.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Senator Ann Anderson (pro); John David Grisebaum, Blockbuster Video (con); Andrea Vangor, Washington Together Against Pornography (con); Jim Louer, Wideo Software Dealers Association (con); Mark Allen, Washington Library Association (con); Bill Fritz, Motion Picture Association of America (con); Gordon Walgren, Motion Picture Exh. of Washington (con)