HOUSE BILL No. 6150


     September 22, 1998, Introduced by Rep. Law and referred to the Committee on Advanced Technology and Computer Development.


        A bill to amend 1978 PA 33, entitled

   "An act to prohibit the dissemination, exhibiting, or displaying
   of certain sexually explicit matter to minors; to prohibit cer-
   tain misrepresentations facilitating the dissemination of sexu-
   ally explicit matter to minors; to provide penalties; to provide
   for declaratory judgments and injunctive relief in certain
   instances; to impose certain duties upon prosecuting attorneys
   and the circuit court; to preempt local units of government from
   proscribing certain conduct; and to repeal certain acts and parts
   of acts,"

   by amending sections 1 and 5 (MCL 722.671 and 722.675).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  1.  As used in this act:

 2         (a) "Exhibit" means to do 1 or more of the following:

 3         (i)  (i)  Present a performance.

 4         (ii)  (ii)  Sell, give, or offer to agree to sell or give a

 5    ticket to a performance.

 6         (iii)  (iii)  Admit a minor to premises where a performance

 7    is being presented or is about to be presented.


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 1         (b) "Disseminate" means to sell, lend, give, exhibit, or

 2    show, OR TRANSMIT BY COMPUTER, or to offer or agree to  do the

 3     same  SELL, LEND, GIVE, EXHIBIT, OR SHOW, OR TRANSMIT BY

 4    COMPUTER.

 5         (c) "Minor" means a person under 18 years of age.

 6         Sec.  5.  (1) A person is guilty of distributing obscene

 7    matter to a minor if that person does either of the following:

 8         (a) Knowingly disseminates to a minor sexually explicit

 9    visual or verbal material that is harmful to minors.

10         (b) Knowingly exhibits to a minor a sexually explicit per-

11    formance that is harmful to minors.

12         (2) A person knowingly disseminates sexually explicit matter

13    to a minor when the person knows both the nature of the matter

14    and the status of the minor to whom the matter is disseminated.

15         (3) A person knows the nature of matter if the person either

16    is aware of the character and content of the matter or recklessly

17    disregards circumstances suggesting the character and content of

18    the matter.

19         (4) A person knows the status of a minor if the person

20    either is aware that the person to whom the dissemination is made

21    is under 18 years of age or recklessly disregards a substantial

22    risk that the person to whom the dissemination is made is under

23    18 years of age.

24         (5)  Distributing  EXCEPT AS PROVIDED IN SUBSECTION (6),

25    DISTRIBUTING obscene matter to a minor is a misdemeanor  ,  pun-

26    ishable by imprisonment for not more than 2 years or a fine of

27    not more than $10,000.00, or both.



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 1         (6) A PERSON WHO DISTRIBUTES OBSCENE MATTER TO A MINOR BY A

 2    COMPUTER TRANSMISSION TO INVITE OR INDUCE THAT MINOR OR ANY OTHER

 3    MINOR TO ENGAGE IN OR VIEW SEXUAL INTERCOURSE, SADOMASOCHISTIC

 4    ABUSE, OR EROTIC FONDLING IS GUILTY OF A FELONY PUNISHABLE BY

 5    IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN

 6    $20,000.00, OR BOTH.  THIS SUBSECTION DOES NOT PROHIBIT THE

 7    PERSON FROM BEING CHARGED WITH, CONVICTED OF, OR PUNISHED FOR ANY

 8    OTHER VIOLATION OF LAW ARISING OUT OF THE SAME TRANSACTION AS THE

 9    VIOLATION OF THIS SUBSECTION.  A TERM OF IMPRISONMENT IMPOSED FOR

10    VIOLATING THIS SUBSECTION MAY RUN CONSECUTIVELY TO ANY TERM OF

11    IMPRISONMENT IMPOSED FOR ANY OTHER VIOLATION ARISING FROM THE

12    SAME TRANSACTION.  THIS SUBSECTION DOES NOT APPLY IF ANY OF THE

13    FOLLOWING APPLY:

14         (A) THE PERSON MADE A REASONABLE EFFORT TO DETERMINE THE

15    TRUE AGE OF THE MINOR AND WAS UNABLE TO DO SO AS A RESULT OF

16    ACTIONS TAKEN BY THE MINOR.

17         (B) THE PERSON TOOK REASONABLE, EFFECTIVE, AND APPROPRIATE

18    ACTIONS UNDER THE CIRCUMSTANCES TO RESTRICT OR PREVENT ACCESS TO

19    THE TRANSMISSION BY MINORS.

20         (C) THE PERSON RESTRICTED ACCESS TO THE TRANSMISSION BY

21    REQUIRING USE OF A VERIFIED CREDIT CARD, DEBIT ACCOUNT, ADULT

22    ACCESS CODE, OR ADULT PERSONAL IDENTIFICATION NUMBER.

23         (D) THE DEFENDANT IN GOOD FAITH ESTABLISHED A MECHANISM TO

24    ALLOW THE TRANSMISSION TO BE AUTOMATICALLY BLOCKED OR SCREENED BY

25    SOFTWARE OR OTHER CAPABILITIES REASONABLY AVAILABLE TO RESPONSI-

26    BLE ADULTS WISHING TO BLOCK THE TRANSMISSION AND DID NOT SOLICIT

27    MINORS TO CIRCUMVENT THE BLOCKING AND DID NOT NOT SOLICIT MINORS



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 1    NOT SUBJECT TO THOSE BLOCKING CAPABILITIES TO ACCESS THE

 2    TRANSMISSION.

 3         (7) In imposing the fine authorized  for this offense  UNDER

 4    SUBSECTIONS (5) AND (6), the court shall consider the scope of

 5    the defendant's commercial activity in distributing obscene

 6    matter to minors.












































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