S-4932               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6670

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Talmadge, Craswell, Smith, Warnke, Wojahn and Anderson)

Read first time 2/2/90.

AN ACT Relating to public display and distribution to minors of material harmful to minors; adding new sections to chapter 9.91 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     As used in sections 1 through 4 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, has a tendency to appeal to a morbid interest in violence in minors;

          (b) Which explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive, graphic representations or descriptions of violent or destructive 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) "Matter" means motion picture films, video cassettes, or other video reproduction devices or the jackets, cases, or coverings of such video reproduction devices.

          (4) "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;

          (e) Video tape or any other medium used to electronically reproduce images on a screen.

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

          (6) "Knowledge of its character" means that the person knows or is aware, or has reason to know, that the matter contains or depicts any of the activity or conduct which is prohibited under section 2 of this act, regardless of whether such person has actual or specific knowledge of its precise contents.  Such knowledge may be proved by direct or circumstantial evidence, or both.

NEW SECTION. Sec. 2.     No person shall recklessly and with knowledge of its character sell, display, 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, without the express permission of the minor's parents or guardian.

NEW SECTION. Sec. 3.     Any person who is convicted of violating any provision of section 2 of this act is guilty of a misdemeanor under RCW 9A.20.021(3).  Unless a person acts recklessly, it shall be a defense to a prosecution under this section that the person has complied with the rating system of the Motion Picture Association of America.

NEW SECTION. Sec. 4.     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. 5.     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. 6.     Sections 1 through 4 of this act are each added to chapter 9.91 RCW.