2023 -- H 6066

========

LC002256

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- OBSCENE AND OBJECTIONABLE

PUBLICATIONS AND SHOWS

     Introduced By: Representatives Morales, Sanchez, Potter, Giraldo, and Felix

     Date Introduced: March 03, 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

"Obscene and Objectionable Publications and Shows" are hereby amended to read as follows:

     11-31-1. Circulation of obscene publications and shows.

     (a) Every person who willfully or knowingly promotes for the purpose of commercial gain

within the community any show, motion picture, performance, photograph, book, magazine, or

other material which is obscene shall, upon conviction, be punished by a fine of not less than one

hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not

more than two (2) years, or both.

     (b) For the purpose of this section:

     (1) In determining whether or not a show, motion picture, performance, photograph, book,

magazine, or other material is obscene the trier of the fact must find:

     (i) That the average person, applying contemporary community standards, would find that

the work, taken as a whole, appeals to the prurient interest;

     (ii) That the work depicts or describes, in a patently offensive way, sexual conduct

specifically defined by this chapter; and

     (iii) That the work, taken as a whole, lacks serious literary, artistic, educational,

governmental, political, or scientific value.

     (2) “Community standards” means the geographical area of the state of Rhode Island.

     (3) “Knowingly” means having knowledge of the character and content of the material or

failure on notice to exercise reasonable inspection which would disclose the content and character

of it.

     (4) “Material” means anything tangible which is capable of being used or adapted to arouse

prurient interest through the medium of reading, or observation.

     (5) “Patently offensive” means so offensive on its face as to affront current standards of

decency.

     (6) “Performance” means any play, motion picture, dance, or other exhibition performed

before an audience.

     (7) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer,

transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree

to do it for resale.

     (8) “Sexual conduct” means:

     (i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-

genital, anal-genital, or oral-genital intercourse, whether between human beings or between a

human being and an animal.

     (ii) Sado-masochistic abuse, meaning flagellation or torture by or upon a person in an act

of apparent sexual stimulation or gratification.

     (iii) Masturbation, excretory functions, and lewd exhibitions of the genitals.

     (9) “Standards of decency” means community standards of decency.

     (c) If any of the depictions and descriptions of sexual conduct described in this section are

declared by a court of competent jurisdiction to be unlawfully included because the depictions or

descriptions are constitutionally protected or for any other reason, that declaration shall not

invalidate this chapter as to other sexual conduct included in this chapter.

     (d) The general assembly finds that:

     (1) Libraries and educational institutions carry out the essential purpose of making

available to all citizens, a current, balanced collection of books, reference materials, periodicals,

sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature

of American society.

     (2) It is in the interest of the state to protect the financial resources of libraries and

educational institutions from being expended in litigation and to permit these resources to be used

to the greatest extent possible for fulfilling the essential purpose of libraries and educational

institutions.

     (e) In any prosecution arising under this section, it is an affirmative defense that the

LC002256 - Page 2 of 5

defendant was a bona fide school, museum, or public library, or was a person acting in the course

of employment as an employee or official of such organization.

     11-31-10. Sale or exhibition to minors of indecent publications, pictures, or articles.

     (a) Every person who shall willfully or knowingly engage in the business of selling,

lending, giving away, showing, advertising for sale, or distributing to any person under the age of

eighteen (18) years, has in his or her possession with intent to engage in that business or to

otherwise offer for sale or commercial distribution to any person under the age of eighteen (18)

years, or who shall display at newsstands or any other business establishment frequented by persons

under the age of eighteen (18) years or where persons under the age of eighteen (18) years are or

may be invited as a part of the general public, any motion picture, any still picture, photograph, or

any book, pocket book, pamphlet, or magazine of which the cover or content consists of explicit

representations of “sexual conduct”, “sexual excitement”, “nudity” and which is indecent for

minors or which is predominantly made up of descriptions of “sexual conduct”, “sexual

excitement”, “nudity” and which is indecent, shall, upon conviction, be punished by a fine of not

less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by

imprisonment for not more than two (2) years, or both.

     (b) As used in this section, the following words have the following meaning:

     (1) “Indecent for minors” means:

     (i) Appealing to the prurient interest in sex of minors;

     (ii) Patently offensive to prevailing standards in the adult community with respect to what

is suitable material for minors; and

     (iii) Lacking serious literary, artistic, educational, governmental, political, or scientific

value for minors;

     (2) “Knowingly” means having knowledge of the character and content of the publication

or failure on notice to exercise reasonable inspection which would disclose its content and

character;

     (3) “Nudity” means less than completely and opaquely covered; human genitals, pubic

regions, buttock, and female breast below a point immediately above the top of the areola;

     (4) “Sexual conduct” means act of human masturbation, sexual intercourse, sodomy,

fondling, or other erotic touching of human genitals, pubic region, buttock, or female breasts; and

     (5) “Sexual excitement” means human genitals in a state of sexual stimulation or arousal.

     (c) The general assembly finds that:

     (1) Libraries and educational institutions carry out the essential purpose of making

available to all citizens, a current, balanced collection of books, reference materials, periodicals,

LC002256 - Page 3 of 5

sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature

of American society.

     (2) It is in the interest of the state to protect the financial resources of libraries and

educational institutions from being expended in litigation and to permit these resources to be used

to the greatest extent possible for fulfilling the essential purpose of libraries and educational

institutions.

     (d) In any prosecution arising under this section, it is an affirmative defense that the

defendant was a bona fide school, museum, or public library, or was a person acting in the course

of employment as an employee or official of such organization.

     SECTION 2. This act shall take effect upon passage.

========

LC002256

========

LC002256 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- OBSCENE AND OBJECTIONABLE

PUBLICATIONS AND SHOWS

***

     This act would establish, as an affirmative defense to the crimes of circulating obscene

publications or shows and selling or exhibiting obscene publications to minors, the person’s

employment status as an employee of a school, museum, or library.

     This act would take effect upon passage.

========

LC002256

========

LC002256 - Page 5 of 5