A bill for an act relating to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, establishing a private civil cause of action, and providing penalties.
The enactment of HF51 will significantly alter existing laws related to obscenity and the treatment of minors in the context of public performances. It establishes a private civil cause of action that allows parents or guardians to sue for damages if a minor is exposed to obscene material. This creates a legal avenue for accountability that did not exist before, with a minimum award for damages set at $10,000. The bill requires that the Office of the Attorney General or county attorneys enforce its provisions, thereby increasing the legislative focus on prosecuting obscenity-related offenses involving minors.
House File 51 addresses issues of obscenity, specifically the exposure of minors to obscene performances and the admittance of minors to venues where such performances are staged. The bill defines 'obscene performance' broadly, covering acts that include exposure of genitals and other explicit content that is deemed offensive and lacking serious artistic or educational value according to contemporary community standards. The bill establishes both civil and criminal penalties for violations of its provisions, emphasizing the protection of minors from exposure to harmful materials and performances.
Some points of contention surrounding HF51 include concerns about the broad definitions of what constitutes obscenity and the practical implications for venues that host a variety of performances. Critics may argue that the definitions could lead to unnecessary censorship or the suppression of legitimate artistic expression. Furthermore, the repeal of existing exemptions for educational institutions and public libraries raises questions about the impacts on educational content and access to materials that may now be classified as obscene, sparking debates around freedom of expression versus the protection of minors.