March 18, 2003, Introduced by Reps. Reeves, Adamini, Cheeks, Vagnozzi, Dennis, Bieda, Voorhees, Vander Veen, Hager, Pappageorge and Daniels and referred to the Committee on Commerce.
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
certain misrepresentations facilitating the dissemination of
sexually 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 and 7 (MCL 722.671 and 722.677), section 7
as amended by 1999 PA 33.
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.
6 (c) (a) "Exhibit"
means to do 1 or more of the following:
1 (i) Present a performance.
2 (ii) Sell, give, or offer to agree to sell or give a ticket
3 to a performance.
4 (iii) Admit a minor to premises where a performance is being
5 presented or is about to be presented.
6 (b)
"Disseminate" means to sell, lend, give, exhibit, or
7 show or to offer or
agree to do the same.
8 (d) (c) "Minor"
means a person under less than 18 years
9 of age.
10 (e) "Restricted area" means any of the following:
11 (i) An area behind a counter if access is limited only to
12 employees who are not minors and sexually explicit visual or
13 verbal material is displayed only in devices that prevent public
14 view of the lower 2/3 of the material's cover or exterior.
15 (ii) A building, or a distinct and enclosed area or room
16 within a building, if access by minors is prohibited, notice of
17 the prohibition is prominently displayed, and access is monitored
18 to prevent minors from entering.
19 (iii) An area with at least 75% of its perimeter surrounded
20 by walls or solid, nontransparent dividers that are sufficiently
21 high to prevent a minor in a nonrestricted area from seeing
22 sexually explicit visual or verbal material within the perimeter
23 if the point of access provides prominent notice that access to
24 minors is prohibited.
25 Sec. 7. (1) A person
is guilty of displaying sexually
26 explicit matter to a
minor if that person who
possesses
27 managerial responsibility for a business enterprise selling
1 sexually explicit visual matter
that depicts sexual intercourse
2 or sadomasochistic
abuse and is harmful to minors, and that
3 person knowingly
permits a minor who is not accompanied by a
4 parent or guardian to
examine that matter or verbal
material
5 shall not display that material knowing its nature unless the
6 person does so in a restricted area.
7 (2) A person
knowingly permits a minor to examine visual
8 matter that depicts
sexual intercourse or sadomasochistic abuse
9 and is harmful to
minors if the person knows both the nature of
10 the matter and the
status of the minor permitted to examine the
11 matter.
12 (2) (3) A
person knows the nature of the matter material
13 if the person either is aware of its character and content or
14 recklessly disregards circumstances suggesting its character and
15 content.
16 (4) A person knows
the status of a minor if the person
17 either is aware that
the person who is permitted to examine the
18 matter is under 18
years of age or recklessly disregards a
19 substantial risk that
the person who is permitted to examine the
20 matter is under 18
years of age.
21 (3) (5)
Displaying sexually explicit matter to a minor is
22 A person who violates subsection (1) is guilty of a misdemeanor
23 punishable by imprisonment for not more than 90 days or a fine of
24 not more than $5,000.00, or both.
25 (4) (6) This
section does not apply if a person displays
26 sexually explicit matter to a minor by means of the internet or a
27 computer network unless 1 or both of the following apply:
1 (a) The matter is obscene as that term is defined in
2 section 2 of 1984 PA 343, MCL 752.362.
3 (b) The prosecuting attorney proves that the person
4 displayed the matter to 1 or more specific minors and knew his or
5 her status as a minor.