Z-787                 _______________________________________________

                                                   SENATE BILL NO. 3906

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge and Cantu; by Attorney General request

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to pornography and moral nuisances; amending RCW 7.48A.040, 7.48A.050, and 9.68.140; prescribing penalties; and declaring an emergency.

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

        Sec. 1.  Section 4, chapter 184, Laws of 1982 and RCW 7.48A.040 are each amended to read as follows:

          (1) No person shall with knowledge maintain a moral nuisance.

          (2) Upon a determination that a defendant has with knowledge maintained a moral nuisance, the court shall impose a civil ((penalty and judgment of an amount as the court may determine to be appropriate)) fine not to exceed twenty-five thousand dollars.  In imposing the civil ((penalty)) fine, the court shall consider the wilfulness of the defendant's conduct and the profits made by the defendant attributable to the ((moral nuisance)) lewd matter, lewdness, or prostitution, whichever is applicable.

        Sec. 2.  Section 5, chapter 184, Laws of 1982 and RCW 7.48A.050 are each amended to read as follows:

          All civil ((penalties)) fines assessed under RCW 7.48A.040 shall be paid into the general treasury of the governmental unit commencing the civil action.

        Sec. 3.  Section 8, chapter 184, Laws of 1982 and RCW 9.68.140 are each amended to read as follows:

          A person who, for profit-making purposes and with knowledge, sells, exhibits, displays, or produces any lewd matter as defined in RCW 7.48A.010 is guilty of promoting pornography.  Promoting pornography is a class C felony and shall bear the punishment and fines prescribed for that class of felony((, except that upon conviction of promoting pornography the court shall impose a fine of not less than five thousand dollars per count nor more than fifty thousand dollars per count)).  In imposing the criminal penalty, the court shall consider the wilfulness of the defendant's conduct and the profits made by the defendant attributable to the felony.  All fines assessed under this chapter shall be paid into the general treasury of the state.

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.

NEW SECTION. Sec. 5.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.