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