Rhode Island 2023 Regular Session

Rhode Island House Bill H6324 Compare Versions

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

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5	5	2023 -- H 6324
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7	7	LC002852
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9	9	S T A T E O F R H O D E I S L A N D
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 SHOWS
17	17	Introduced By: Representatives Azzinaro, Fellela, Corvese, Serpa, Costantino, P.
18	18	Morgan, Lima, and Cardillo
19	19	Date Introduced: April 26, 2023
20	20	Referred To: House Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 11-31-1 and 11-31-10 of the General Laws in Chapter 11-31 entitled 1
25	25	"Obscene and Objectionable Publications and Shows" are hereby amended to read as follows: 2
26	26	11-31-1. Circulation of obscene publications and shows. 3
27	27	(a) Every person who willfully or knowingly promotes for the purpose of commercial gain 4
28	28	within the community any show, motion picture, performance, photograph, book, magazine, or 5
29	29	other material which is obscene shall, upon conviction, be punished by a fine of not less than one 6
30	30	hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not 7
31	31	more than two (2) years, or both. 8
32	32	(b) For the purpose of this section: 9
33	33	(1) In determining whether or not a show, motion picture, performance, photograph, book, 10
34	34	magazine, or other material is obscene the trier of the fact must find: 11
35	35	(i) That the average person, applying contemporary community standards, would find that 12
36	36	the work, taken as a whole, appeals to the prurient interest; 13
37	37	(ii) That the work depicts or describes, in a patently offensive way, sexual conduct 14
38	38	specifically defined by this chapter; and 15
39	39	(iii) That the work, taken as a whole, lacks serious literary, artistic, political, or scientific 16
40	40	value. 17
41	41	(2) “Community standards” means the geographical area of the state of Rhode Island. 18
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45	45	(3) “Knowingly” means having knowledge of the character and content of the material or 1
46	46	failure on notice to exercise reasonable inspection which would disclose the content and character 2
47	47	of it. 3
48	48	(4) “Material” means anything tangible which is capable of being used or adapted to arouse 4
49	49	prurient interest through the medium of reading, or observation. 5
50	50	(5) “Patently offensive” means so offensive on its face as to affront current standards of 6
51	51	decency. 7
52	52	(6) “Performance” means any play, motion picture, dance, or other exhibition performed 8
53	53	before an audience. 9
54	54	(7) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, 10
55	55	transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree 11
56	56	to do it for resale. 12
57	57	(8) “Sexual conduct” means: 13
58	58	(i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-14
59	59	genital, anal-genital, or oral-genital intercourse, whether between human beings or between a 15
60	60	human being and an animal. 16
61	61	(ii) Sado-masochistic abuse, meaning flagellation or torture by or upon a person in an act 17
62	62	of apparent sexual stimulation or gratification. 18
63	63	(iii) Masturbation, excretory functions, and lewd exhibitions of the genitals. 19
64	64	(9) “Standards of decency” means community standards of decency. 20
65	65	(c) If any of the depictions and descriptions of sexual conduct described in this section are 21
66	66	declared by a court of competent jurisdiction to be unlawfully included because the depictions or 22
67	67	descriptions are constitutionally protected or for any other reason, that declaration shall not 23
68	68	invalidate this chapter as to other sexual conduct included in this chapter. 24
69	69	(d) For purposes of this section, when determining whether or not a show, motion picture, 25
70	70	performance, photograph, book, magazine or other material is obscene, the material to be 26
71	71	considered obscene may be in cartoon or animated form. 27
72	72	11-31-10. Sale or exhibition to minors of indecent publications, pictures, or articles. 28
73	73	(a) Every person who shall willfully or knowingly engage in the business of selling, 29
74	74	lending, giving away, showing, advertising for sale, or distributing to any person under the age of 30
75	75	eighteen (18) years, has in his or her possession with intent to engage in that business or to 31
76	76	otherwise offer for sale or commercial distribution to any person under the age of eighteen (18) 32
77	77	years, or who shall display at newsstands or any other business establishment frequented by persons 33
78	78	under the age of eighteen (18) years or where persons under the age of eighteen (18) years are or 34
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82	82	may be invited as a part of the general public, any motion picture, any still picture, photograph, or 1
83	83	any book, pocket book, pamphlet, or magazine, or any cartoon, drawing, comic book, print, 2
84	84	depiction or animation of which the cover or content consists of explicit representations of “sexual 3
85	85	conduct”, “sexual excitement”, “nudity” and which is indecent for minors or which is 4
86	86	predominantly made up of descriptions of “sexual conduct”, “sexual excitement”, “nudity” and 5
87	87	which is indecent, shall, upon conviction, be punished by a fine of not less than one hundred dollars 6
88	88	($100) nor more than one thousand dollars ($1,000), or by imprisonment for not more than two (2) 7
89	89	years, or both. 8
90	90	(b) As used in this section, the following words have the following meaning: 9
91	91	(1) “Indecent for minors” means: 10
92	92	(i) Appealing to the prurient interest in sex of minors; 11
93	93	(ii) Patently offensive to prevailing standards in the adult community with respect to what 12
94	94	is suitable material for minors; and 13
95	95	(iii) Lacking serious literary, artistic, political, or scientific value for minors; 14
96	96	(2) “Knowingly” means having knowledge of the character and content of the publication 15
97	97	or failure on notice to exercise reasonable inspection which would disclose its content and 16
98	98	character; 17
99	99	(3) “Nudity” means less than completely and opaquely covered; human genitals, pubic 18
100	100	regions, buttock, and female breast below a point immediately above the top of the areola; 19
101	101	(4) “Sexual conduct” means act of human masturbation, sexual intercourse, sodomy, 20
102	102	fondling, or other erotic touching of human genitals, pubic region, buttock, or female breasts; and 21
103	103	(5) “Sexual excitement” means human genitals in a state of sexual stimulation or arousal. 22
104	104	(c) The provisions of this section shall apply to any library pursuant to chapter 1 of title 29 23
105	105	and any public or charter school library. 24
106	106	SECTION 2. This act shall take effect upon passage. 25
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113	113	EXPLANATION
114	114	BY THE LEGISLATIVE COUNCIL
115	115	OF
116	116	A N A C T
117	117	RELATING TO CRIMINAL OFFENSES -- OBSCENE AND OBJECTIONABLE
118	118	PUBLICATIONS AND SHOWS
119	119	***
120	120	This act would add cartoons, drawings, comic books, prints, depictions or animations to 1
121	121	the list of media that would be prohibited from being sold or available to those persons under the 2
122	122	age of eighteen (18) years. 3
123	123	This act would take effect upon passage. 4
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125	125	LC002852
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