HOUSE BILL REPORT

HB 1970

BYRepresentatives Armstrong, Hargrove, Crane and Silver

Prohibiting the sale to minors of illustrated materials harmful to minors.

House Committe on Judiciary

Majority Report:  Do pass.  (11)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, P. King, Lewis, Moyer, Padden, Patrick and Schmidt.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Belcher, Locke, Meyers and Wang.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 4, 1988

BACKGROUND:

Washington law prohibits the sale, distribution, or exhibition of erotic materials to minors.  Erotic materials are those which appeal to the prurient interest of minors in sex, are patently offensive, and are utterly without redeeming social value.  The prohibition applies only to materials which have been determined by a court to be erotic upon petition of the prosecuting attorney. If the court determines the material is erotic, it must be labeled as adults only material.  If the material is written or printed, it must have an adults only label placed on the front cover and the material may not be displayed in store windows, on outside newstands, or on public thoroughfares.  Motion pictures must be labeled adults only.  An exhibitor must prominently display an adults only sign at the theatre.  A person who violates these provisions is guilty of a misdemeanor for the first offense, a gross misdemeanor for the second offense, and a felony for the third and subsequent offenses. Public libraries are not covered by these provisions.

SUMMARY:

The current statutory provisions governing distribution of erotic materials to minors are amended. The term "erotic material" is replaced with the term "harmful to minors material."  Harmful to minors material is any material which appeals to the prurient interest of minors, has patently offensive visual depictions of explicit sexual conduct, and which lacks literary, artistic, political, or scientific value for minors.  Material which may be harmful to minors includes publications with any type of illustration, motion pictures and video tapes, and live performances.

A person who knowingly displays harmful to minors materials in a manner in which minors may view it, sells or otherwise distributes harmful to minors materials to a minor, or presents a live performance which is harmful to minors is guilty of a gross misdemeanor.  Each day that a person engages in a prohibited activity is a separate offense and every act or transaction that is prohibited is a separate offense.

A person does not display materials to a minor if the materials are kept behind racks which cover up the bottom two-thirds of the material.

Any person may bring an action in superior court to determine whether material is harmful to minors.

The public library exemption is retained.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.