HOUSE BILL No. 5605 February 19, 1998, Introduced by Reps. Baade, Hammerstrom, Goschka, Lowe, Walberg, McBryde, Jansen, Olshove, Harder, Curtis and Voorhees and referred to the Committee on Corrections. A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit cer- tain misrepresentations facilitating the dissemination of sexu- ally explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1, 5, and 7 (MCL 722.671, 722.675, and 722.677). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. As used in this act: 2 (A) "DISPLAY" MEANS TO PUT OR SET OUT TO VIEW OR TO MAKE 3 VISIBLE. 4 (B) "DISSEMINATE" MEANS TO SELL, LEND, GIVE, EXHIBIT, SHOW, 5 OR ALLOW TO EXAMINE OR TO OFFER OR AGREE TO DO THE SAME. 03887'97 JOJ 2 1 (C)(a)"Exhibit" means to do 1 or more of the following: 2 (i) Present a performance. 3 (ii) Sell, give, or offer to agree to sell or give a ticket 4 to a performance. 5 (iii) Admit a minor to premises where a performance is being 6 presented or is about to be presented. 7(b) "Disseminate" means to sell, lend, give, exhibit, or8show or to offer or agree to do the same.9 (D)(c)"Minor" means a personunderLESS THAN 18 years 10 of age. 11 (E) "RESTRICTED AREA" MEANS ANY OF THE FOLLOWING: 12 (i) AN AREA BEHIND A COUNTER IF ACCESS IS LIMITED ONLY TO 13 EMPLOYEES WHO ARE NOT MINORS AND SEXUALLY EXPLICIT VISUAL OR 14 VERBAL MATERIAL IS DISPLAYED ONLY IN DEVICES THAT PREVENT PUBLIC 15 VIEW OF THE LOWER 2/3 OF THE MATERIAL'S COVER OR EXTERIOR. 16 (ii) A BUILDING, OR A DISTINCT AND ENCLOSED AREA OR ROOM 17 WITHIN A BUILDING, IF ACCESS BY MINORS IS PROHIBITED, NOTICE OF 18 THE PROHIBITION IS PROMINENTLY DISPLAYED, AND ACCESS IS MONITORED 19 TO PREVENT MINORS FROM ENTERING. 20 (iii) AN AREA WITH AT LEAST 75% OF ITS PERIMETER SURROUNDED 21 BY WALLS OR SOLID, NONTRANSPARENT DIVIDERS THAT ARE SUFFICIENTLY 22 HIGH TO PREVENT A MINOR IN A NONRESTRICTED AREA FROM SEEING SEXU- 23 ALLY EXPLICIT VISUAL OR VERBAL MATERIAL WITHIN THE PERIMETER IF 24 THE POINT OF ACCESS PROVIDES PROMINENT NOTICE THAT ACCESS TO 25 MINORS IS PROHIBITED. 03887'97 3 1 Sec. 5. (1) A personis guilty of distributing obscene2matter to a minor if that person doesSHALL NOT DO either of the 3 following: 4 (a) KnowinglydisseminatesDISSEMINATE to a minor sexually 5 explicit visual or verbal material that is harmful to minors. 6 (b) KnowinglyexhibitsEXHIBIT to a minor a sexually 7 explicit performance that is harmful to minors. 8 (2) A person knowingly disseminates sexually explicit matter 9 to a minorwhenIF the person knows both the nature of the 10 matter and the status of the minor to whom the matter is 11 disseminated. 12 (3) A person knows the nature of matter if the person either 13 is aware oftheITS character and contentof the matteror 14 recklessly disregards circumstances suggestingtheITS charac- 15 ter and content.of the matter.16 (4) A person knows the status of a minor if the person 17 either is aware that the person to whom the dissemination is made 18 is under 18 years of age or recklessly disregards a substantial 19 risk that the person to whom the dissemination is made is under 20 18 years of age. 21 (5)Distributing obscene matter to a minorA PERSON WHO 22 VIOLATES SUBSECTION (1) is GUILTY OF a misdemeanor,punishable 23 by imprisonment for not more than 2 years or a fine of not more 24 than $10,000.00, or both. In imposing the fine,authorized for25this offense,the court shall consider the scope of the 26 defendant's commercial activity indistributing obscene27 DISSEMINATING SEXUALLY EXPLICIT matter to minors. 03887'97 4 1 Sec. 7. (1) A personis guilty of displaying obscene2matter to a minor if that personWHO possesses managerial 3 responsibility for a business enterprise selling SEXUALLY 4 EXPLICIT visualmatter which depicts sexual intercourse or sado-5masochistic abuse and which is harmful to minors, and that person6knowingly permits a minor who is not accompanied by a parent or7guardian to examine that matterOR VERBAL MATERIAL SHALL NOT 8 DISPLAY THAT MATERIAL KNOWING ITS NATURE UNLESS THE PERSON DOES 9 SO IN A RESTRICTED AREA. 10(2) A person knowingly permits a minor to examine visual11matter which depicts sexual intercourse or sadomasochistic abuse12and which is harmful to minors, if the person knows both the13nature of the matter and the status of the minor permitted to14examine the matter.15 (2)(3)A person knows the nature of thematterMATERIAL 16 if the person either is aware oftheITS character and content 17of the matteror recklessly disregards circumstances suggesting 18theITS character and content.of the matter.19(4) A person knows the status of a minor if the person20either is aware that the person who is permitted to examine the21matter is under 18 years of age or recklessly disregards a sub-22stantial risk that the person who is permitted to examine the23matter is under 18 years of age.24 (3)(5) Displaying obscene matter to a minorA PERSON WHO 25 VIOLATES SUBSECTION (1) is GUILTY OF a misdemeanor,punishable 26 by imprisonment for not more than 90 days,or a fine of not 27 more than $5,000.00, or both. 03887'97