March 15, 2005, Introduced by Senators OLSHOVE, SCHAUER, BASHAM, GOSCHKA, KUIPERS, CHERRY, HARDIMAN, BISHOP, LELAND and BERNERO 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 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 section 6 (MCL 722.676), as amended by 2003 PA 192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. Section 5 does not apply to the dissemination of
sexually explicit matter to a minor by any of the following:
(a) A parent or guardian who disseminates sexually explicit
matter to his or her child or ward unless the dissemination is for
the sexual gratification of the parent or guardian or the child or
ward.
(b) A teacher or administrator at a public or private
elementary or secondary school that complies with the revised
school code, 1976 PA 451, MCL 380.1 to 380.1852, and who
disseminates sexually explicit matter to a student as part of a
school program permitted by law.
(c) A licensed physician or licensed psychologist who
disseminates sexually explicit matter in the treatment of a
patient.
(d) A librarian employed by a library of a public or private
elementary or secondary school that complies with the revised
school code, 1976 PA 451, MCL 380.1 to 380.1852, or employed by a
public library, who disseminates sexually explicit matter in the
course of that person's employment.
(e) Any public or private college or university or any other
person who disseminates sexually explicit matter for a legitimate
medical, scientific, governmental, or judicial purpose.
(f) A person who disseminates sexually explicit matter that is
a public document, publication, record, or other material issued by
a state, local, or federal official, department, board, commission,
agency, or other governmental entity, or an accurate republication
of such a public document, publication, record, or other material.