Rhode Island 2023 Regular Session

Rhode Island House Bill H6066 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6066
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7	7	LC002256
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- OBSCENE AND OBJECTIONABLE
16	16	PUBLICATIONS AND SHO WS
17	17	Introduced By: Representatives Morales, Sanchez, Potter, Giraldo, and Felix
18	18	Date Introduced: March 03, 2023
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 11-31-1 and 11-31-10 of the General Laws in Chapter 11-31 entitled 1
24	24	"Obscene and Objectionable Publications and Shows" are hereby amended to read as follows: 2
25	25	11-31-1. Circulation of obscene publications and shows. 3
26	26	(a) Every person who willfully or knowingly promotes for the purpose of commercial gain 4
27	27	within the community any show, motion picture, performance, photograph, book, magazine, or 5
28	28	other material which is obscene shall, upon conviction, be punished by a fine of not less than one 6
29	29	hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not 7
30	30	more than two (2) years, or both. 8
31	31	(b) For the purpose of this section: 9
32	32	(1) In determining whether or not a show, motion picture, performance, photograph, book, 10
33	33	magazine, or other material is obscene the trier of the fact must find: 11
34	34	(i) That the average person, applying contemporary community standards, would find that 12
35	35	the work, taken as a whole, appeals to the prurient interest; 13
36	36	(ii) That the work depicts or describes, in a patently offensive way, sexual conduct 14
37	37	specifically defined by this chapter; and 15
38	38	(iii) That the work, taken as a whole, lacks serious literary, artistic, educational, 16
39	39	governmental, political, or scientific value. 17
40	40	(2) “Community standards” means the geographical area of the state of Rhode Island. 18
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44	44	(3) “Knowingly” means having knowledge of the character and content of the material or 1
45	45	failure on notice to exercise reasonable inspection which would disclose the content and character 2
46	46	of it. 3
47	47	(4) “Material” means anything tangible which is capable of being used or adapted to arouse 4
48	48	prurient interest through the medium of reading, or observation. 5
49	49	(5) “Patently offensive” means so offensive on its face as to affront current standards of 6
50	50	decency. 7
51	51	(6) “Performance” means any play, motion picture, dance, or other exhibition performed 8
52	52	before an audience. 9
53	53	(7) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, 10
54	54	transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree 11
55	55	to do it for resale. 12
56	56	(8) “Sexual conduct” means: 13
57	57	(i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-14
58	58	genital, anal-genital, or oral-genital intercourse, whether between human beings or between a 15
59	59	human being and an animal. 16
60	60	(ii) Sado-masochistic abuse, meaning flagellation or torture by or upon a person in an act 17
61	61	of apparent sexual stimulation or gratification. 18
62	62	(iii) Masturbation, excretory functions, and lewd exhibitions of the genitals. 19
63	63	(9) “Standards of decency” means community standards of decency. 20
64	64	(c) If any of the depictions and descriptions of sexual conduct described in this section are 21
65	65	declared by a court of competent jurisdiction to be unlawfully included because the depictions or 22
66	66	descriptions are constitutionally protected or for any other reason, that declaration shall not 23
67	67	invalidate this chapter as to other sexual conduct included in this chapter. 24
68	68	(d) The general assembly finds that: 25
69	69	(1) Libraries and educational institutions carry out the essential purpose of making 26
70	70	available to all citizens, a current, balanced collection of books, reference materials, periodicals, 27
71	71	sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature 28
72	72	of American society. 29
73	73	(2) It is in the interest of the state to protect the financial resources of libraries and 30
74	74	educational institutions from being expended in litigation and to permit these resources to be used 31
75	75	to the greatest extent possible for fulfilling the essential purpose of libraries and educational 32
76	76	institutions. 33
77	77	(e) In any prosecution arising under this section, it is an affirmative defense that the 34
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81	81	defendant was a bona fide school, museum, or public library, or was a person acting in the course 1
82	82	of employment as an employee or official of such organization. 2
83	83	11-31-10. Sale or exhibition to minors of indecent publications, pictures, or articles. 3
84	84	(a) Every person who shall willfully or knowingly engage in the business of selling, 4
85	85	lending, giving away, showing, advertising for sale, or distributing to any person under the age of 5
86	86	eighteen (18) years, has in his or her possession with intent to engage in that business or to 6
87	87	otherwise offer for sale or commercial distribution to any person under the age of eighteen (18) 7
88	88	years, or who shall display at newsstands or any other business establishment frequented by persons 8
89	89	under the age of eighteen (18) years or where persons under the age of eighteen (18) years are or 9
90	90	may be invited as a part of the general public, any motion picture, any still picture, photograph, or 10
91	91	any book, pocket book, pamphlet, or magazine of which the cover or content consists of explicit 11
92	92	representations of “sexual conduct”, “sexual excitement”, “nudity” and which is indecent for 12
93	93	minors or which is predominantly made up of descriptions of “sexual conduct”, “sexual 13
94	94	excitement”, “nudity” and which is indecent, shall, upon conviction, be punished by a fine of not 14
95	95	less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by 15
96	96	imprisonment for not more than two (2) years, or both. 16
97	97	(b) As used in this section, the following words have the following meaning: 17
98	98	(1) “Indecent for minors” means: 18
99	99	(i) Appealing to the prurient interest in sex of minors; 19
100	100	(ii) Patently offensive to prevailing standards in the adult community with respect to what 20
101	101	is suitable material for minors; and 21
102	102	(iii) Lacking serious literary, artistic, educational, governmental, political, or scientific 22
103	103	value for minors; 23
104	104	(2) “Knowingly” means having knowledge of the character and content of the publication 24
105	105	or failure on notice to exercise reasonable inspection which would disclose its content and 25
106	106	character; 26
107	107	(3) “Nudity” means less than completely and opaquely covered; human genitals, pubic 27
108	108	regions, buttock, and female breast below a point immediately above the top of the areola; 28
109	109	(4) “Sexual conduct” means act of human masturbation, sexual intercourse, sodomy, 29
110	110	fondling, or other erotic touching of human genitals, pubic region, buttock, or female breasts; and 30
111	111	(5) “Sexual excitement” means human genitals in a state of sexual stimulation or arousal. 31
112	112	(c) The general assembly finds that: 32
113	113	(1) Libraries and educational institutions carry out the essential purpose of making 33
114	114	available to all citizens, a current, balanced collection of books, reference materials, periodicals, 34
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118	118	sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature 1
119	119	of American society. 2
120	120	(2) It is in the interest of the state to protect the financial resources of libraries and 3
121	121	educational institutions from being expended in litigation and to permit these resources to be used 4
122	122	to the greatest extent possible for fulfilling the essential purpose of libraries and educational 5
123	123	institutions. 6
124	124	(d) In any prosecution arising under this section, it is an affirmative defense that the 7
125	125	defendant was a bona fide school, museum, or public library, or was a person acting in the course 8
126	126	of employment as an employee or official of such organization. 9
127	127	SECTION 2. This act shall take effect upon passage. 10
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134	134	EXPLANATION
135	135	BY THE LEGISLATIVE COUNCIL
136	136	OF
137	137	A N A C T
138	138	RELATING TO CRIMINAL OFFENSES -- OBSCENE AND OBJECTIO NABLE
139	139	PUBLICATIONS AND SHO WS
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141	141	This act would establish, as an affirmative defense to the crimes of circulating obscene 1
142	142	publications or shows and selling or exhibiting obscene publications to minors, the person’s 2
143	143	employment status as an employee of a school, museum, or library. 3
144	144	This act would take effect upon passage. 4
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146	146	LC002256
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