AN ACT Relating to public display and distribution to minors of material harmful to minors; adding new sections to chapter 9.68 RCW; repealing RCW 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120, and 9.68.130; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. As used in sections 1 through 5 of this act, the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "Minor" means any person under the age of eighteen years.

(2) "Harmful to minors" 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 in minors; and

(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;

(d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;

(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 rings and 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.

NEW SECTION. Sec. 2. No person shall knowingly:

(1) Display matter which is harmful to minors in such a way that minors, as part of the invited general public, will be exposed to view such matter provided, however, a person shall be deemed not to have displayed matter harmful to minors if the matter is kept behind devices commonly known as blinder racks so that the lower two-thirds of the matter is not exposed to view;

(2) Sell, furnish, present, distribute, allow to view or hear, or otherwise disseminate to a minor, with or without consideration, any matter which is harmful to minors; or

(3) Present to a minor or participate in presenting to a minor, with or without consideration, any live performance which is harmful to minors.

NEW SECTION. Sec. 3. In any prosecution for violation of section 2 of this act, it shall be an affirmative defense that:

(1) The matter or performance involved was displayed or otherwise disseminated to a minor by the minor's parent or legal guardian, for bona fide educational purposes; or

(2) The matter or performance involved was displayed or otherwise disseminated to a minor with the written permission of the minor's parent or legal guardian, for bona fide educational purposes.

NEW SECTION. Sec. 4. 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, thing, or transaction prohibited by section 2 of this act shall constitute a separate offense as to each item, issue, or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume, and number issue, or other such identical material shall constitute a single offense.

NEW SECTION. Sec. 5. Nothing in this chapter applies to any recognized historical society or museum, the state law library, any county law library, the state library, any public library, any library of any college or university or public or private school, or any archive or library under the supervision and control of the state, county, municipality, any library district, or other political subdivision.

NEW SECTION. Sec. 6. 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.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) Section 13, chapter 256, Laws of 1969 ex. sess. and RCW 9.68.050;

(2) Section 14, chapter 256, Laws of 1969 ex. sess. and RCW 9.68.060;

(3) Section 15, chapter 256, Laws of 1969 ex. sess. and RCW 9.68.070;

(4) Section 16, chapter 256, Laws of 1969 ex. sess. and RCW 9.68.080;

(5) Section 17, chapter 256, Laws of 1969 ex. sess. and RCW 9.68.090;

(6) Section 18, chapter 256, Laws of 1969 ex. sess. and RCW 9.68.100;

(7) Section 19, chapter 256, Laws of 1969 ex. sess. and RCW 9.68.110;

(8) Section 20, chapter 256, Laws of 1969 ex. sess. and RCW 9.68.120; and

(9) Section 1, chapter 156, Laws of 1975 1st ex. sess. and RCW 9.68.130.

NEW SECTION. Sec. 8. Sections 1 through 5 of this act are each added to chapter 9.68 RCW.