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H.B. 257
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MATERIAL HARMFUL TO MINORS
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AMENDMENTS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: David L. Hogue
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Senate Sponsor:
____________
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LONG TITLE
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General Description:
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This bill modifies the Criminal Code regarding material harmful to minors.
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Highlighted Provisions:
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This bill:
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. amends the definition of material that is harmful to a minor to include inappropriate
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violence; and
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. provides a definition of inappropriate violence.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-10-1201, as last amended by Chapter 9, Laws of Utah 2001
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-1201
is amended to read:
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76-10-1201. Definitions.
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For the purpose of this part:
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(1) "Contemporary community standards" means those current standards in the
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vicinage where an offense alleged under this act has occurred, is occurring, or will occur.
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(2) "Distribute" means to transfer possession of materials whether with or without
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consideration.
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(3) "Exhibit" means to show.
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(4) (a) "Harmful to minors" means that quality of any description or representation, in
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whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when
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it:
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[(a)] (i) taken as a whole, appeals to the prurient interest in sex of minors;
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[(b)] (ii) is patently offensive to prevailing standards in the adult community as a whole
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with respect to what is suitable material for minors; and
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[(c)] (iii) taken as a whole, does not have serious value for minors. Serious value
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includes only serious literary, artistic, political or scientific value for minors.
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(b) "Harmful to minors" means that quality of any description or representation, in
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whatsoever form, of inappropriate violence.
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(5) "Inappropriate violence" means any description or representation, in any form, of
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violence when it:
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(a) is patently offensive to prevailing standards in the adult community as a whole with
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respect to what is suitable material for minors;
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(b) taken as a whole, does not have serious literary, artistic, political, or scientific value
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for minors;
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(c) is glamorized or gratuitous;
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(d) is graphic violence used to shock or stimulate;
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(e) is graphic violence that is not contextually relevant to the material;
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(f) is so pervasive that it serves as the thread holding the plot of the material together;
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(g) trivializes the serious nature of realistic violence;
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(h) does not demonstrate the consequences or effects of realistic violence;
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(i) uses brutal weapons designed to inflict the maximum amount of pain and damage;
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(j) endorses or glorifies torture or excessive weaponry; or
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(k) depicts lead characters who resort to violence freely.
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[(5)] (6) "Knowingly" means an awareness, whether actual or constructive, of the
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character of material or of a performance. A person has constructive knowledge if a reasonable
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inspection or observation under the circumstances would have disclosed the nature of the
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subject matter and if a failure to inspect or observe is either for the purpose of avoiding the
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disclosure or is criminally negligent.
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[(6)] (7) "Material":
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(a) means anything printed or written or any picture, drawing, photograph, motion
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picture, video, video game, or pictorial representation, or any statue or other figure, or any
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recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything
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which is or may be used as a means of communication[. Material]; and
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(b) includes undeveloped photographs, molds, printing plates, and other latent
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representational objects.
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[(7)] (8) "Minor" means any person less than [eighteen] 18 years of age.
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[(8)] (9) "Nudity" means the showing of the human male or female genitals, pubic area,
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or buttocks, with less than an opaque covering, or the showing of a female breast with less than
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an opaque covering, or any portion [thereof] of the female breast below the top of the nipple, or
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the depiction of covered male genitals in a discernibly turgid state.
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[(9)] (10) "Performance" means any physical human bodily activity, whether engaged
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in alone or with other persons, including but not limited to singing, speaking, dancing, acting,
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simulating, or pantomiming.
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[(10)] (11) "Public place" includes a place to which admission is gained by payment of
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a membership or admission fee, however designated, notwithstanding its being designated a
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private club or by words of like import.
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[(11)] (12) "Sado-masochistic abuse" means flagellation or torture by or upon a person
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who is nude or clad in undergarments, a mask, or in a revealing or bizarre costume, or the
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condition of being fettered, bound, or otherwise physically restrained on the part of one so
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clothed.
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[(12)] (13) "Sexual conduct" means acts of masturbation, sexual intercourse, or any
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touching of a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a
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female, breast, whether alone or between members of the same or opposite sex or between
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humans and animals in an act of apparent or actual sexual stimulation or gratification.
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[(13)] (14) "Sexual excitement" means a condition of human male or female genitals
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when in a state of sexual stimulation or arousal, or the sensual experiences of humans engaging
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in or witnessing sexual conduct or nudity.
Legislative Review Note
as of 12-9-05 7:13 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.