SENATE BILL NO. 108


   January 27, 1999, Introduced by Senators V. SMITH, YOUNG, 
        SCHUETTE, HART and MC MANUS and referred to the Committee 
        on Judiciary.



        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 section 5 (MCL 722.675).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 5.  (1) A person  is guilty of distributing
             obscene

 2     matter to a minor if that person does  SHALL NOT DO
                       either of the

 3    following:

 4         (a) Knowingly  disseminates  DISSEMINATE to a
             minor sexually

 5    explicit visual or verbal material that is harmful to minors.

 6         (b) Knowingly  exhibits  EXHIBIT to a minor a
             sexually

 7    explicit performance that is harmful to minors.


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 1         (2) A person knowingly disseminates sexually explicit matter

 2    to a minor  when  IF the person knows both the
             nature of the

 3    matter and the status of the minor to whom the matter is

 4    disseminated.

 5         (3) A person knows the nature of matter if the person either

 6    is aware of  the  ITS character and content
              of the matter  or

 7    recklessly disregards circumstances suggesting  the
              ITS charac-

 8    ter and content.  of the matter. 

 9         (4) A person knows the status of a minor if the person

10    either is aware that the person to whom the dissemination is made

11    is under 18 years of age or recklessly disregards a substantial

12    risk that the person to whom the dissemination is made is under

13    18 years of age.

14         (5)  Distributing obscene matter to a minor  A
             PERSON WHO

15    VIOLATES SUBSECTION (1) is GUILTY OF a  misdemeanor,
              FELONY pun-

16    ishable by imprisonment for not more than  2  5
             years or a fine

17    of not more than $10,000.00, or both.  In imposing the fine,

18     authorized for this offense,  the court shall
             consider the scope

19    of the defendant's commercial activity in  distributing
             obscene 

20    DISSEMINATING SEXUALLY EXPLICIT matter to minors.

















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