This bill relates to the possession, distribution, and reporting of obscene material. The
bill modifies the definition of “material” in Code chapter 728 to include live transmissions.
Under the bill, the modification of the definition of the term “material” results in changes
to the elements of the following criminal offenses within Code chapter 728:
dissemination of obscene material to minors (Code section 728.2), admitting minors to
premises where obscene material is exhibited (Code section 728.3), rental or sale of
hard=core pornography (Code section 728.4), sexual exploitation of a minor (Code
section 728.12(2)), and telephone.
H.S.B. 525 would broaden the definition of “material” in 728.1 to include electronic dissemination. As a result, 728.2 would ban depictions and descriptions that are “obscene for minors” on the Internet, listserves and public chatrooms. The application to material generally available on the Internet is likely overbroad. It would threaten speech on the Internet that is legal for adults and neither intended nor directed to minors.
Actions- Voted in Judiciary 2/21/2012