S-4539.2  _______________________________________________

                    SUBSTITUTE SENATE BILL 6247

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Benton, Roach, Strannigan, Anderson, Oke, Swecker, Stevens and Patterson)

Read first time 02/06/98.

Regulating display of sexually explicit material to minors. 

    AN ACT Relating to display of sexually explicit material to minors; amending RCW 9.68.130 and 9.68.050; and prescribing penalties.

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

    Sec. 1.  RCW 9.68.130 and 1975 1st ex.s. c 156 s 1 are each amended to read as follows:

    (1) A person is guilty of unlawful display of sexually explicit material if ((he)) the person knowingly exhibits such material on a viewing screen so that the sexually explicit material is easily visible from a public thoroughfare, park, or playground or from one or more family dwelling units.

    (2) A person is guilty of unlawful display of sexually explicit material to a minor if the person knowingly shows sexually explicit material that is inappropriate for minors on a viewing screen so that such material is visible to a minor who is not trespassing.

(3)(a) "Inappropriate for minors" as that term is used in this section means the work, if taken as a whole, depicts nudity, sexual conduct, sexual excitement, or sado-masochistic abuse which predominantly appeals to the prurient, morbid, or shameful interests of minors.

(b) "Sexually explicit material" as that term is used in this section means any pictorial material displaying direct physical stimulation of unclothed genitals, masturbation, sodomy (i.e. bestiality or oral or anal intercourse), flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals:  PROVIDED HOWEVER, That works of art or of anthropological, scientific, or medical significance or for educational or health purposes funded in part or in whole by the state, county, municipality, or other political subdivision of the state shall not be deemed to be within the foregoing definition.

    (((3))) (4) Any person who violates subsection (1) or (2) of this section shall be guilty of a misdemeanor.

    Sec. 2.  RCW 9.68.050 and 1992 c 5 s 1 are each amended to read as follows:

    For the purposes of RCW 9.68.050 through 9.68.120:

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

    (2) "Erotic material" means printed material, photographs, pictures, motion pictures, sound recordings, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters or sado-masochistic abuse; and is utterly without redeeming social value;

    (3) "Person" means any individual, corporation, or other organization;

    (4) "Dealers,"((,)) "distributors,"((,)) and "exhibitors" mean persons engaged in the distribution, sale, or exhibition of printed material, photographs, pictures, motion pictures, or sound recordings;

(5) "Exhibit" means to show in such a place or at such time that a minor views the material while not trespassing.

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