Relating to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, establishing a private civil cause of action, and providing penalties

This bill relates to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, and establishes a private civil cause of action. The bill defines “obscene performance” as a visual performance by a person, whether compensated or uncompensated, that exposes the person’s genitals, pubic area, buttocks, or female breast, including prosthetics and artificial sexual organs or substitutes therefor, or involves the person engaging in a sex act, masturbation, excretory function, or sadomasochistic abuse, which the average person, viewing the performance as a whole and applying contemporary community standards with respect to what is suitable to be viewed by minors, would find appeals to the prurient interest and is patently offensive, and the performance taken as a whole lacks serious artistic, literary, political, or scientific value. The bill provides that the office of attorney general or the county attorney of the county in which a violation occurs shall enforce the provisions of Code chapter 728 (obscenity). The bill provides that any person who knowingly exposes a minor to an obscene performance is guilty of a public offense and shall upon conviction be guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. The bill provides that a person who knowingly sells, gives, delivers, or provides a minor who is not a child a pass or admits the minor to premises where an obscene performance is performed is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. A person who knowingly sells, gives, delivers, or provides a child a pass or admits the minor to premises where an obscene performance is performed is guilty of an aggravated misdemeanor. A minor is a person under years of age, and a child is a person under years of age. The bill establishes a private civil cause of action for a parent or guardian of a minor, or a minor upon reaching years of age, to whom obscene material has been knowingly disseminated or exhibited, or who was exposed to an obscene performance. A cause of action may be brought against any person that has knowingly disseminated or exhibited obscene material to the minor or who engaged in or caused or allowed a person to knowingly engage in an obscene performance in the presence of the minor for any of the following remedies: a declaratory judgment; injunctive relief; actual, incidental, and consequential damages; punitive damages, if appropriate; and any other equitable relief that the court deems appropriate. The minimum award of damages shall be $10,000. An action may be commenced by a parent or guardian within two years of a violation. An action for a violation brought by a person who was a minor at the time of the violation shall be found within years after the person upon whom the offense is committed attains years of age. The bill provides that no public institution, public facility, public equipment, or other physical asset that is owned, leased, or controlled by this state or a political subdivision of this state shall be used for a show, exhibition, or performance that includes obscene material or obscene performances. No public institution or facility shall lease, sell, or permit the subleasing of its facilities or property for the purpose of shows, exhibitions, or performances that include obscene material or obscene performances. No public funds made available by the state or a political subdivision of this state that are distributed by an institution, board, commission, department, agency, official, or an employee of the state or political subdivision shall be used for the purpose of shows, exhibitions, or performances that include obscene material or obscene performances. The bill does not apply to obscene materials that are sent or received as part of a law enforcement investigation or are authorized by law to be sent or received. The bill provides that any public officer or employee, or any person acting under color of such office or employment, who knowingly allows a public institution or funds to be used for the purpose of shows, exhibitions, or performances that include obscene material or obscene performances commits a serious misdemeanor.