Bills Tracked in 2012


Click each state below to see the bills that Media Coalition tracked during the 2012 legislative session.

Total: 143 bills


Alabama

Bill number

Alabama HB 400

Sponsor

DeMarco

Title

Computer crimes, Digital Crime Act, cyberstalking, electronic harassment, phishing, data fraud, and computer tampering, criminal penalties, jurisdiction for prosecution, forfeiture of equipment, Secs. 13A-8-100,13A-8-101,13A-8-102,13A-8-103 repealed

Status

Signed by Gov. Robert Bentley on May 10, 2012.

Summary

S.B. 400 creates the crime of electronic harassment when, with intent to harass, annoy, or alarm any person, he or she transmits, posts, displays, or disseminates, by or through any electronic communication device, to any person, a communication, image, or information, which is based on the actual or perceived traits or characteristics of that person, and creates any of the following conditions:

  1. Places that person in reasonable fear or harm to his or her person or property.
  2. Has a substantial and detrimental effect on that person’s physical or mental health.
  3. Has the effect of substantially interfering with that person’s academic performance, employment, or other community activities or responsibilities.
  4. Has the effect of substantially interfering with that person’s ability to participate in or benefit from any academic, professional, or community-based services, activities, or privileges.
  5. Has the effect of causing substantial embarrassment or humiliation within an academic or professional community.

 

This bill is a companion to SB 356.

Bill number

Sponsor

Title

Status

Summary

Alabama HB 400

DeMarco

Computer crimes, Digital Crime Act, cyberstalking, electronic harassment, phishing, data fraud, and computer tampering, criminal penalties, jurisdiction for prosecution, forfeiture of equipment, Secs. 13A-8-100,13A-8-101,13A-8-102,13A-8-103 repealed

Signed by Gov. Robert Bentley on May 10, 2012.

S.B. 400 creates the crime of electronic harassment when, with intent to harass, annoy, or alarm any person, he or she transmits, posts, displays, or disseminates, by or through any electronic communication device, to any person, a communication, image, or information, which is based on the actual or perceived traits or characteristics of that person, and creates any of the following conditions:

  1. Places that person in reasonable fear or harm to his or her person or property.
  2. Has a substantial and detrimental effect on that person’s physical or mental health.
  3. Has the effect of substantially interfering with that person’s academic performance, employment, or other community activities or responsibilities.
  4. Has the effect of substantially interfering with that person’s ability to participate in or benefit from any academic, professional, or community-based services, activities, or privileges.
  5. Has the effect of causing substantial embarrassment or humiliation within an academic or professional community.

 

This bill is a companion to SB 356.

Bill number

Alabama SB 274

Sponsor

McGill

Title

Impersonation of another by electronic means, crime established, definition, penalties

Status

Died in the House.

Summary

S.B. 274 would make it a crime to use electronic means to knowingly and credibly impersonate another person without his or her consent for the purpose of harming, intimidating, threatening or defrauding the person being impersonated.

 

An impersonation is credible if another person would reasonably, or did reasonably, believe that the defendant was the person he or she impersonated.

 

“Harm” is not defined.

Bill number

Sponsor

Title

Status

Summary

Alabama SB 274

McGill

Impersonation of another by electronic means, crime established, definition, penalties

Died in the House.

S.B. 274 would make it a crime to use electronic means to knowingly and credibly impersonate another person without his or her consent for the purpose of harming, intimidating, threatening or defrauding the person being impersonated.

 

An impersonation is credible if another person would reasonably, or did reasonably, believe that the defendant was the person he or she impersonated.

 

“Harm” is not defined.

Bill number

Alabama SB 356

Sponsor

Ward

Title

Digital Crime Act, computer crimes, cyberstalking, electronic harassment, phishing, data fraud, and computer tampering, criminal penalties, jurisdiction for prosecution, forfeiture of equipment, Secs. 13A-8-100, 13A-8-101, 13A-8-102, 13A-8-103 repealed

Status

Held in the Senate Committee on Judiciary. Its companion, HB 400, was signed into law by Gov. Bentley.

Summary

S.B. 356 creates the crime of electronic harassment when, with intent to harass, annoy, or alarm any person, he or she transmits, posts, displays, or disseminates, by or through any electronic communication device, to any person, a communication, image, or information, which is based on the actual or perceived traits or characteristics of that person, and creates any of the following conditions:

(1) Places that person in reasonable fear of harm to his or her person or property.

(2) Has a substantial and detrimental effect on that person’s physical or mental health.

(3) Has the effect of substantially interfering with that person’s academic performance, employment, or other community activities or responsibilities.

(4) Has the effect of substantially interfering with that person’s ability to participate in or benefit from any academic, professional, or community-based services, activities, or privileges.

(5) Has the effect of causing substantial embarrassment or humiliation within an academic or professional community.

 

This bill is a companion to H.B. 400.

Bill number

Sponsor

Title

Status

Summary

Alabama SB 356

Ward

Digital Crime Act, computer crimes, cyberstalking, electronic harassment, phishing, data fraud, and computer tampering, criminal penalties, jurisdiction for prosecution, forfeiture of equipment, Secs. 13A-8-100, 13A-8-101, 13A-8-102, 13A-8-103 repealed

Held in the Senate Committee on Judiciary. Its companion, HB 400, was signed into law by Gov. Bentley.

S.B. 356 creates the crime of electronic harassment when, with intent to harass, annoy, or alarm any person, he or she transmits, posts, displays, or disseminates, by or through any electronic communication device, to any person, a communication, image, or information, which is based on the actual or perceived traits or characteristics of that person, and creates any of the following conditions:

(1) Places that person in reasonable fear of harm to his or her person or property.

(2) Has a substantial and detrimental effect on that person’s physical or mental health.

(3) Has the effect of substantially interfering with that person’s academic performance, employment, or other community activities or responsibilities.

(4) Has the effect of substantially interfering with that person’s ability to participate in or benefit from any academic, professional, or community-based services, activities, or privileges.

(5) Has the effect of causing substantial embarrassment or humiliation within an academic or professional community.

 

This bill is a companion to H.B. 400.

 

Alaska

Bill number

Alaska HB 127

Sponsor

RLS

Title

OMNIBUS CRIME BILL

Status

(H) EFFECTIVE DATE(S) OF LAW 7/1/11 – 06/24/2011

Summary

This bill would amend the harmful to minors law we are challenging to limit it to dissemination of material harmful to minors to anyone less than 16 years of age AND the sender is “reckless regarding the age” of the recipient.

 

Presently, it applies whenever the recipient is less than 16.

 

The legislation does add specific knowledge requirement as to the content of the material being distributed. The lack of a knowledge requirement was an aspect of the present law that we challenged as unconstitutional in ACLU v. Burns.

Bill number

Sponsor

Title

Status

Summary

Alaska HB 127

RLS

OMNIBUS CRIME BILL

(H) EFFECTIVE DATE(S) OF LAW 7/1/11 – 06/24/2011

This bill would amend the harmful to minors law we are challenging to limit it to dissemination of material harmful to minors to anyone less than 16 years of age AND the sender is “reckless regarding the age” of the recipient.

 

Presently, it applies whenever the recipient is less than 16.

 

The legislation does add specific knowledge requirement as to the content of the material being distributed. The lack of a knowledge requirement was an aspect of the present law that we challenged as unconstitutional in ACLU v. Burns.

Bill number

Alaska HB 359

Sponsor

RLS

Title

SEX CRIMES; TESTIMONY BY VIDEO CONFERENCE

Status

(H) EFFECTIVE DATE(S) OF LAW 7/1/12 – 09/25/2012

Summary

H.B. 359 would re-enact a harmful to minors law for brick and mortar stores in Alaska.

 

The previous version of the law was struck down by Judge Beistline in our challenge in ABFFE v. Sullivan. Judge Beistline struck down the harmful to minors law as applied to the Internet and brick and mortar retailers.

 

This legislation does not include the Miller/Ginsberg definition of harmful to minors and it is unclear if the definition from the earlier law is imported into this legislation.

Bill number

Sponsor

Title

Status

Summary

Alaska HB 359

RLS

SEX CRIMES; TESTIMONY BY VIDEO CONFERENCE

(H) EFFECTIVE DATE(S) OF LAW 7/1/12 – 09/25/2012

H.B. 359 would re-enact a harmful to minors law for brick and mortar stores in Alaska.

 

The previous version of the law was struck down by Judge Beistline in our challenge in ABFFE v. Sullivan. Judge Beistline struck down the harmful to minors law as applied to the Internet and brick and mortar retailers.

 

This legislation does not include the Miller/Ginsberg definition of harmful to minors and it is unclear if the definition from the earlier law is imported into this legislation.

Bill number

Alaska SB 72

Sponsor

RLS

Title

CRIMES INVOLVING MINORS/STALKING/INFO

Status

(S) MINUTE(JUD ) – 02/16/2011

Summary

This bill would amend the harmful to minors law we are challenging by limiting it to dissemination of material harmful to minors to anyone less than 16 years of age AND the sender is “reckless regarding the age” of the recipient.

 

Presently, it applies whenever the recipient is less than 16.

 

The legislation does add specific knowledge requirement as to the content of the material being distributed. The lack of a knowledge requirement was an aspect of the present law that we challenged as unconstitutional in ACLU v. Burns.

Bill number

Sponsor

Title

Status

Summary

Alaska SB 72

RLS

CRIMES INVOLVING MINORS/STALKING/INFO

(S) MINUTE(JUD ) – 02/16/2011

This bill would amend the harmful to minors law we are challenging by limiting it to dissemination of material harmful to minors to anyone less than 16 years of age AND the sender is “reckless regarding the age” of the recipient.

 

Presently, it applies whenever the recipient is less than 16.

 

The legislation does add specific knowledge requirement as to the content of the material being distributed. The lack of a knowledge requirement was an aspect of the present law that we challenged as unconstitutional in ACLU v. Burns.

Bill number

Alaska SB 218

Sponsor

RLS

Title

SEX CRIMES; TESTIMONY BY VIDEO CONFERENCE

Status

(S) MINUTE(JUD ) – 04/04/2012

Summary

S.B. 218 would re-enact a harmful to minors law for brick and mortar stores in Alaska.

 

The previous version of the law was struck down by Judge Beistline in our challenge in ABFFE v. Sullivan, Judge Beistline struck down the harmful to minors law as applied to the Internet and brick and mortar retailers.

 

This legislation does not include the Miller/Ginsberg definition of harmful to minors and it is unclear if the definition from the earlier law is imported into this legislation.

 

This section of the bill is the same as H.B. 359.

Bill number

Sponsor

Title

Status

Summary

Alaska SB 218

RLS

SEX CRIMES; TESTIMONY BY VIDEO CONFERENCE

(S) MINUTE(JUD ) – 04/04/2012

S.B. 218 would re-enact a harmful to minors law for brick and mortar stores in Alaska.

 

The previous version of the law was struck down by Judge Beistline in our challenge in ABFFE v. Sullivan, Judge Beistline struck down the harmful to minors law as applied to the Internet and brick and mortar retailers.

 

This legislation does not include the Miller/Ginsberg definition of harmful to minors and it is unclear if the definition from the earlier law is imported into this legislation.

 

This section of the bill is the same as H.B. 359.

Arizona

Bill number

Arizona HB 2549

Sponsor

Vogt

Title

Electronic; Digital Devices; Stalking; Threatening

Status

SIGNED; CHAPTER 359; CHAPTERED VERSION Conference Engrossed Version – 05/14/2012

Summary

House Bill 2549 would make it a class A misdemeanor to communicate by any electronic or digital device using any obscene, lewd or profane language or suggest any lewd or lascivious act for any person, if done with the intent to annoy, offend, terrify, intimidate, threaten, or harass.

 

Neither “annoy” or “offend” is defined in the legislation.

 

The legislation is not limited to minors. It does not require direct one to one communication. It nor does it require more than a single communication.

 

This legislation is an update of the existing harassment law which only applies to telephone communication.

Bill number

Sponsor

Title

Status

Summary

Arizona HB 2549

Vogt

Electronic; Digital Devices; Stalking; Threatening

SIGNED; CHAPTER 359; CHAPTERED VERSION Conference Engrossed Version – 05/14/2012

House Bill 2549 would make it a class A misdemeanor to communicate by any electronic or digital device using any obscene, lewd or profane language or suggest any lewd or lascivious act for any person, if done with the intent to annoy, offend, terrify, intimidate, threaten, or harass.

 

Neither “annoy” or “offend” is defined in the legislation.

 

The legislation is not limited to minors. It does not require direct one to one communication. It nor does it require more than a single communication.

 

This legislation is an update of the existing harassment law which only applies to telephone communication.

Bill number

Arizona SB 1034

Sponsor

Gray

Title

Electronic; Digital Devices; Stalking; Threatening

Status

PSHS HELD – 01/18/2012

Summary

Senate Bill 1034 would make it a class A misdemeanor to communicate by any electronic or digital device using any obscene, lewd or profane language or suggest any lewd or lascivious act for any person, if done with the intent to annoy, offend, terrify, intimidate, threaten, or harass.

 

Neither “annoy” or “offend” is defined in the legislation.

 

The legislation is not limited to minors. It does not require direct one on one communication. It nor does it require more than a single communication.

 

This legislation is an update of the existing harassment law which only applies to telephone communication.

 

H.B. 2549 is the companion legislation in the House.

Bill number

Sponsor

Title

Status

Summary

Arizona SB 1034

Gray

Electronic; Digital Devices; Stalking; Threatening

PSHS HELD – 01/18/2012

Senate Bill 1034 would make it a class A misdemeanor to communicate by any electronic or digital device using any obscene, lewd or profane language or suggest any lewd or lascivious act for any person, if done with the intent to annoy, offend, terrify, intimidate, threaten, or harass.

 

Neither “annoy” or “offend” is defined in the legislation.

 

The legislation is not limited to minors. It does not require direct one on one communication. It nor does it require more than a single communication.

 

This legislation is an update of the existing harassment law which only applies to telephone communication.

 

H.B. 2549 is the companion legislation in the House.

California

Bill number

California AB 74

Sponsor

Ma

Title

Public event action plans and cooperative agreements for agricultural inspector services.

Status

Chaptered by Secretary of State – Chapter 666, Statutes of 2011. – 10/09/2011

Summary

AB 74 would provide, subject to exceptions, that any person who conducts a public event at night that includes prerecorded music and lasts more than 3 1/2 hours is guilty of a misdemeanor punishable by a fine of $10,000 or twice the actual or estimated gross receipts for the event, whichever is greater.


The bill was subsequently amended to limit it to events held by state agencies or bodies on state land that are expected to draw 10,000 participants or more in which case there must be an assessment on the degree of danger to the participants and appropriate action taken to insure the safety of attendees.

Bill number

Sponsor

Title

Status

Summary

California AB 74

Ma

Public event action plans and cooperative agreements for agricultural inspector services.

Chaptered by Secretary of State – Chapter 666, Statutes of 2011. – 10/09/2011

AB 74 would provide, subject to exceptions, that any person who conducts a public event at night that includes prerecorded music and lasts more than 3 1/2 hours is guilty of a misdemeanor punishable by a fine of $10,000 or twice the actual or estimated gross receipts for the event, whichever is greater.


The bill was subsequently amended to limit it to events held by state agencies or bodies on state land that are expected to draw 10,000 participants or more in which case there must be an assessment on the degree of danger to the participants and appropriate action taken to insure the safety of attendees.

Bill number

California AB 755

Sponsor

Galgiani

Title

Sex offenders: CAL E-STOP.

Status

Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. – 02/01/2012

Summary

AB 755 would require any person or entity that collects and makes publicly available, in any format, the personal data of California minors must certify with the California Department of Justice a plan to implement reasonable policies to restrict or block access to that information by persons required to register as sex offenders.

 

Neither “personal data” nor “makes publicly available” is defined in the bill or by reference.

Bill number

Sponsor

Title

Status

Summary

California AB 755

Galgiani

Sex offenders: CAL E-STOP.

Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. – 02/01/2012

AB 755 would require any person or entity that collects and makes publicly available, in any format, the personal data of California minors must certify with the California Department of Justice a plan to implement reasonable policies to restrict or block access to that information by persons required to register as sex offenders.

 

Neither “personal data” nor “makes publicly available” is defined in the bill or by reference.

Bill number

California AB 1935

Sponsor

Fong

Title

Video games: rating system.

Status

From printer. May be heard in committee March 24. – 02/23/2012

Summary

This bill would make inconsequential changes to a California law requiring retailers to post information regarding the video game industry rating system. The bill is likely a placeholder to be amended at a future time in this legislative session.

Bill number

Sponsor

Title

Status

Summary

California AB 1935

Fong

Video games: rating system.

From printer. May be heard in committee March 24. – 02/23/2012

This bill would make inconsequential changes to a California law requiring retailers to post information regarding the video game industry rating system. The bill is likely a placeholder to be amended at a future time in this legislative session.

Bill number

California ACR 123

Sponsor

Bonnie Lowenthal

Title

Sexual Assault Awareness Month: Denim Day California.

Status

Chaptered by Secretary of State – Res. Chapter 35, Statutes of 2012. – 05/31/2012

Summary

Resolution calls on people to wear denim on April 25 to raise to “communicate the message that there is no excuse for, and never an invitation to commit rape.”

 

In the resolution, it refers to pornography as a type of sexual violence suffered by women, children and men.

Bill number

Sponsor

Title

Status

Summary

California ACR 123

Bonnie Lowenthal

Sexual Assault Awareness Month: Denim Day California.

Chaptered by Secretary of State – Res. Chapter 35, Statutes of 2012. – 05/31/2012

Resolution calls on people to wear denim on April 25 to raise to “communicate the message that there is no excuse for, and never an invitation to commit rape.”

 

In the resolution, it refers to pornography as a type of sexual violence suffered by women, children and men.

Bill number

California SB 242

Sponsor

Corbett

Title

Social networking Internet Web sites: privacy: minors.

Status

Read third time. Refused passage. (Ayes 19. Noes 17. Page 1285.) – 06/02/2011

Summary

S.B. 242 would bar any social networking site from willingly and knowingly displaying to the public or to other registered users the home address or phone number of any user who identifies themselves to be under 18 years old if the address or phone number is in a box specifically designated to display this information.

 

“Social networking site” means any business, organization, or other entity that provides or offers a service through the Internet that permits a registered user to access, meet, congregate, or communicate with other registered users for social networking purposes.

 

A violation is subject to a $10,000 fine for each instance.

Bill number

Sponsor

Title

Status

Summary

California SB 242

Corbett

Social networking Internet Web sites: privacy: minors.

Read third time. Refused passage. (Ayes 19. Noes 17. Page 1285.) – 06/02/2011

S.B. 242 would bar any social networking site from willingly and knowingly displaying to the public or to other registered users the home address or phone number of any user who identifies themselves to be under 18 years old if the address or phone number is in a box specifically designated to display this information.

 

“Social networking site” means any business, organization, or other entity that provides or offers a service through the Internet that permits a registered user to access, meet, congregate, or communicate with other registered users for social networking purposes.

 

A violation is subject to a $10,000 fine for each instance.

Bill number

California SB 602

Sponsor

Yee

Title

Reader Privacy Act.

Status

Chaptered by Secretary of State. Chapter 424, Statutes of 2011. – 10/02/2011

Summary

S.B. 602 would bar a bookstore or library from disclosing private information about their customers to the government absent a search warrant or subpoena.

 

If a customer’s personal information is disclosed, the customer can sue the bookstore or library for civil damages of up to $500 for each violation.

Bill number

Sponsor

Title

Status

Summary

California SB 602

Yee

Reader Privacy Act.

Chaptered by Secretary of State. Chapter 424, Statutes of 2011. – 10/02/2011

S.B. 602 would bar a bookstore or library from disclosing private information about their customers to the government absent a search warrant or subpoena.

 

If a customer’s personal information is disclosed, the customer can sue the bookstore or library for civil damages of up to $500 for each violation.

Bill number

California SB 999

Sponsor

La Malfa

Title

Invasion of privacy: statute of limitations.

Status

Set, first hearing. Hearing canceled at the request of author. – 05/03/2012

Summary

This bill would eliminate the statute of limitations for bringing a Right of Publicity action for unauthorized uses on the Internet. The present statute of limitations is two years.

Bill number

Sponsor

Title

Status

Summary

California SB 999

La Malfa

Invasion of privacy: statute of limitations.

Set, first hearing. Hearing canceled at the request of author. – 05/03/2012

This bill would eliminate the statute of limitations for bringing a Right of Publicity action for unauthorized uses on the Internet. The present statute of limitations is two years.

District of Columbia

Bill number

District of Columbia B19 253

Sponsor

Brown

Title

SEX OFFENDER REGISTRATION EMERGENCY ACT OF 2011

Status

Introduced – 05/02/2011

Summary

DC B19-253 would require anyone convicted of disseminating any material that is “obscene,” “indecent” or “filthy” to register as a sex offender. There is no definition for any of these terms. It would also require any person disseminating any such material to a minor if it is also patently offensive to register as well.

 

See also DC B19 254 and DC B19 255

Bill number

Sponsor

Title

Status

Summary

District of Columbia B19 253

Brown

SEX OFFENDER REGISTRATION EMERGENCY ACT OF 2011

Introduced – 05/02/2011

DC B19-253 would require anyone convicted of disseminating any material that is “obscene,” “indecent” or “filthy” to register as a sex offender. There is no definition for any of these terms. It would also require any person disseminating any such material to a minor if it is also patently offensive to register as well.

 

See also DC B19 254 and DC B19 255

Bill number

District of Columbia B19 254

Sponsor

Brown

Title

SEX OFFENDER REGISTRATION TEMPORARY ACT OF 2011

Status

Introduced – 05/02/2011

Summary

B19-254 would require anyone convicted of disseminating any material that is “obscene,” “indecent” or “filthy” to register as a sex offender. There is no definition for any of these terms. It would also require any person disseminating any such material to a minor if it is also patently offensive to register as well.

 

See also, DC B19-253.

Bill number

Sponsor

Title

Status

Summary

District of Columbia B19 254

Brown

SEX OFFENDER REGISTRATION TEMPORARY ACT OF 2011

Introduced – 05/02/2011

B19-254 would require anyone convicted of disseminating any material that is “obscene,” “indecent” or “filthy” to register as a sex offender. There is no definition for any of these terms. It would also require any person disseminating any such material to a minor if it is also patently offensive to register as well.

 

See also, DC B19-253.

Bill number

District of Columbia B19 255

Sponsor

Brown

Title

SEX OFFENDER REGISTRATION AMENDMENT ACT OF 2011

Status

Public Notice of Introduction – 05/06/2011

Summary

B 19-255 would require anyone convicted of disseminating any material that is “obscene,” “indecent” or “filthy” to register as a sex offender. There is no definition for any of these terms. It would also require any person disseminating any such material to a minor if it is also patently offensive to register as well.

 

See also, DC B19-253 and DC B19-254.

Bill number

Sponsor

Title

Status

Summary

District of Columbia B19 255

Brown

SEX OFFENDER REGISTRATION AMENDMENT ACT OF 2011

Public Notice of Introduction – 05/06/2011

B 19-255 would require anyone convicted of disseminating any material that is “obscene,” “indecent” or “filthy” to register as a sex offender. There is no definition for any of these terms. It would also require any person disseminating any such material to a minor if it is also patently offensive to register as well.

 

See also, DC B19-253 and DC B19-254.

Bill number

District of Columbia B19 492

Sponsor

Orange

Title

MORATORIUM ON STRIP CLUBS, TOPLESS BARS, GENTLEMEN’S CLUBS, OR ADULT ENTERTAINMENT ESTABLISHMENTS IN WARD 5 ACT OF 2011

Status

Public Notice of Introduction – 10/07/2011

Summary

DC B-19 492 would impose a moratorium on the issuance or transfer of permits or licenses for any adult entertainment establishment in Ward 5 of the District of Columbia. It would not apply to any application that is pending or has been approved by the mayor.

Bill number

Sponsor

Title

Status

Summary

District of Columbia B19 492

Orange

MORATORIUM ON STRIP CLUBS, TOPLESS BARS, GENTLEMEN’S CLUBS, OR ADULT ENTERTAINMENT ESTABLISHMENTS IN WARD 5 ACT OF 2011

Public Notice of Introduction – 10/07/2011

DC B-19 492 would impose a moratorium on the issuance or transfer of permits or licenses for any adult entertainment establishment in Ward 5 of the District of Columbia. It would not apply to any application that is pending or has been approved by the mayor.

Florida

Bill number

Florida HB 1385

Sponsor

Trujillo

Title

Child Pornography

Status

H Died in Judiciary Committee – 03/09/2012

Summary

House Bill 1385 would broaden the state child pornography law to ban any image which has been “created, modified or adopted” to appear that it is of a minor engaged in sexual conduct or lascivious display of the genitals. Proof of the identity of the minor is not required to establish a violation of this law.

 

It would violate the law to create or to view such images.

 

This is the companion bill to S.B. 1618

Bill number

Sponsor

Title

Status

Summary

Florida HB 1385

Trujillo

Child Pornography

H Died in Judiciary Committee – 03/09/2012

House Bill 1385 would broaden the state child pornography law to ban any image which has been “created, modified or adopted” to appear that it is of a minor engaged in sexual conduct or lascivious display of the genitals. Proof of the identity of the minor is not required to establish a violation of this law.

 

It would violate the law to create or to view such images.

 

This is the companion bill to S.B. 1618

Bill number

Florida SB 536

Sponsor

Criminal Justice

Title

Distribution of Materials Harmful to Minors

Status

H Died in Messages – 03/09/2012

Summary

Senate Bill 536 would expand Florida’s harmful to minors statute to explicitly ban the knowing distribution to a minor or posting of such material on school property. School property is defined as the grounds or facility of any school whether public or private.

Bill number

Sponsor

Title

Status

Summary

Florida SB 536

Criminal Justice

Distribution of Materials Harmful to Minors

H Died in Messages – 03/09/2012

Senate Bill 536 would expand Florida’s harmful to minors statute to explicitly ban the knowing distribution to a minor or posting of such material on school property. School property is defined as the grounds or facility of any school whether public or private.

Bill number

Florida SB 1618

Sponsor

Storms

Title

Child Pornography

Status

S Died in Criminal Justice – 03/09/2012

Summary

Senate Bill 1618 would broaden the state child pornography law to ban any image which has been “created, modified or adopted” to appear that it is of a minor engaged in sexual conduct or lascivious display of the genitals. Proof of the identity of the minor is not required to establish a violation of this law.

 

It would violate the law to create or to view such images.

Bill number

Sponsor

Title

Status

Summary

Florida SB 1618

Storms

Child Pornography

S Died in Criminal Justice – 03/09/2012

Senate Bill 1618 would broaden the state child pornography law to ban any image which has been “created, modified or adopted” to appear that it is of a minor engaged in sexual conduct or lascivious display of the genitals. Proof of the identity of the minor is not required to establish a violation of this law.

 

It would violate the law to create or to view such images.

Georgia

Bill number

Georgia HB 504

Sponsor

Sims, Chuck

Title

Criminal sale of recorded material; display official rating on video movies; require

Status

House Second Readers – 03/10/2011

Summary

H.B. 504 would bar the dissemination to a minor for monetary consideration of any movie rated “R,” “NC-17,” or is unrated. However, the law would not apply to credit card transactions.

Bill number

Sponsor

Title

Status

Summary

Georgia HB 504

Sims, Chuck

Criminal sale of recorded material; display official rating on video movies; require

House Second Readers – 03/10/2011

H.B. 504 would bar the dissemination to a minor for monetary consideration of any movie rated “R,” “NC-17,” or is unrated. However, the law would not apply to credit card transactions.

Bill number

Georgia HB 680

Sponsor

Dickerson, Pam

Title

Offenses against public order; define certain terms; defamation; provisions

Status

House Second Readers – 01/25/2012

Summary

House Bill 680 would create the offense of “defamation” if a person intentionally causes an unknowing person to be wrongfully identified as a person in an image displaying nudity or engaged in sexual conduct if it is done in such a manner that a reasonable person would believe that it is the person wrongfully identified.

 

Identification that could be used to suggest it is the wrongfully identified person includes imposing an image of a person’s face on a nude image, use of the person’s name, address, telephone number or email address connected to the image.

 

A violation of this section would be a misdemeanor subject to up to a year in prison, $1,000 fine, or both.

Bill number

Sponsor

Title

Status

Summary

Georgia HB 680

Dickerson, Pam

Offenses against public order; define certain terms; defamation; provisions

House Second Readers – 01/25/2012

House Bill 680 would create the offense of “defamation” if a person intentionally causes an unknowing person to be wrongfully identified as a person in an image displaying nudity or engaged in sexual conduct if it is done in such a manner that a reasonable person would believe that it is the person wrongfully identified.

 

Identification that could be used to suggest it is the wrongfully identified person includes imposing an image of a person’s face on a nude image, use of the person’s name, address, telephone number or email address connected to the image.

 

A violation of this section would be a misdemeanor subject to up to a year in prison, $1,000 fine, or both.

Bill number

Georgia HR 9

Sponsor

Bruce, Roger

Title

Joint Teen Violence Study Committee; create

Status

House Second Readers – 02/02/2011

Summary

House Resolution 9 would create a commission to study teen violence. The Committee will consider current law and policy in Georgia and other states and may consider social policy and social science.

 

The Commission does not have a specific mandate to consider whether the media plays a role in teenage violence but it is not excluded.

Bill number

Sponsor

Title

Status

Summary

Georgia HR 9

Bruce, Roger

Joint Teen Violence Study Committee; create

House Second Readers – 02/02/2011

House Resolution 9 would create a commission to study teen violence. The Committee will consider current law and policy in Georgia and other states and may consider social policy and social science.

 

The Commission does not have a specific mandate to consider whether the media plays a role in teenage violence but it is not excluded.

Hawaii

Bill number

Hawaii HB 548

Sponsor

TOKIOKA

Title

Trespass; Websites; Task Force

Status

D Carried over to 2012 Regular Session. – 12/01/2011

Summary

The bill would impose civil liability on any author or publisher of any visitor guide or website that “invites, attracts, or encourages” a person to commit criminal trespass and the person does trespass on or through private lands in reliance on the guide and is injured or dies.

 

The law does not require that the publication actually recommend or advise a visitor to trespass. “Attracts” a person to trespass for the purpose of reaching a natural attraction is susceptible to a broad interpretation and could be construed to include merely showing a picture or describing a place of natural beauty to visit it.

 

A “Visitor guide publication” is defined as any book, magazine, pamphlet, mailer, handout or advertisement that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

A “Visitor guide website” is any website, blog, twitter account, forum, or other wireless communication that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

The bill explicitly exempts the landowner or legal occupier of any liability for an injury or death that occurs in such a situation.


HD 2 was passed out of the Tourism Committee but the changes did not cure any of the Constitutional problems.

 

HD 3 was passed out of the Judiciary Committee. It added a task force to study the problem of people trespassing and being injured. HD 3 retained the civil liability for authors and publishers but publishers are only liable if they played a part in writing the book or website. HD 3 also imposes a duty of care on writers and publishers to their readers.

Bill number

Sponsor

Title

Status

Summary

Hawaii HB 548

TOKIOKA

Trespass; Websites; Task Force

D Carried over to 2012 Regular Session. – 12/01/2011

The bill would impose civil liability on any author or publisher of any visitor guide or website that “invites, attracts, or encourages” a person to commit criminal trespass and the person does trespass on or through private lands in reliance on the guide and is injured or dies.

 

The law does not require that the publication actually recommend or advise a visitor to trespass. “Attracts” a person to trespass for the purpose of reaching a natural attraction is susceptible to a broad interpretation and could be construed to include merely showing a picture or describing a place of natural beauty to visit it.

 

A “Visitor guide publication” is defined as any book, magazine, pamphlet, mailer, handout or advertisement that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

A “Visitor guide website” is any website, blog, twitter account, forum, or other wireless communication that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

The bill explicitly exempts the landowner or legal occupier of any liability for an injury or death that occurs in such a situation.


HD 2 was passed out of the Tourism Committee but the changes did not cure any of the Constitutional problems.

 

HD 3 was passed out of the Judiciary Committee. It added a task force to study the problem of people trespassing and being injured. HD 3 retained the civil liability for authors and publishers but publishers are only liable if they played a part in writing the book or website. HD 3 also imposes a duty of care on writers and publishers to their readers.

Bill number

Hawaii HB 552

Sponsor

TOKIOKA

Title

Visitor Guide Liability; Publication Liability

Status

D Carried over to 2012 Regular Session. – 12/01/2011

Summary

The bill would impose civil liability on any author or publisher of any visitor guide or website that “invites, attracts, or encourages” a person to commit criminal trespass and the person does trespass on or through private lands in reliance on the guide and is injured or dies.

 

The law does not require that the publication actually recommend or advise a visitor to trespass. “Attracts” a person to trespass for the purpose of reaching a natural attraction is susceptible to a broad interpretation and could be construed to include merely showing a picture or describing a place of natural beauty to visit it.

 

A “Visitor guide publication” is defined as any book, magazine, pamphlet, mailer, handout or advertisement that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

A “Visitor guide website” means any commercial website, commercial social media wireless communication, commercial forum, or commercial blog that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land or accessible by privately owned land.

 

The bill explicitly exempts the landowner or legal occupier of any liability for an injury or death that occurs in such a situation.

Bill number

Sponsor

Title

Status

Summary

Hawaii HB 552

TOKIOKA

Visitor Guide Liability; Publication Liability

D Carried over to 2012 Regular Session. – 12/01/2011

The bill would impose civil liability on any author or publisher of any visitor guide or website that “invites, attracts, or encourages” a person to commit criminal trespass and the person does trespass on or through private lands in reliance on the guide and is injured or dies.

 

The law does not require that the publication actually recommend or advise a visitor to trespass. “Attracts” a person to trespass for the purpose of reaching a natural attraction is susceptible to a broad interpretation and could be construed to include merely showing a picture or describing a place of natural beauty to visit it.

 

A “Visitor guide publication” is defined as any book, magazine, pamphlet, mailer, handout or advertisement that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

A “Visitor guide website” means any commercial website, commercial social media wireless communication, commercial forum, or commercial blog that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land or accessible by privately owned land.

 

The bill explicitly exempts the landowner or legal occupier of any liability for an injury or death that occurs in such a situation.

Bill number

Hawaii HB 618

Sponsor

EVANS

Title

Computers; Online Harassment; Aggravated Online Harassment; Harassment by Impersonation

Status

D Carried over to 2012 Regular Session. – 12/01/2011

Summary

This bill would make it illegal to use the name or persona of another person to create a web page or post on a message on a commercial social networking site without the consent of the person whose name or persona are being used and with the intent to harm, defraud, intimidate, or threaten any person.

 

“Commercial social networking site” means any website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication or through the creation of web pages or profiles available to the public or other members. It does not include email programs or message boards.

Bill number

Sponsor

Title

Status

Summary

Hawaii HB 618

EVANS

Computers; Online Harassment; Aggravated Online Harassment; Harassment by Impersonation

D Carried over to 2012 Regular Session. – 12/01/2011

This bill would make it illegal to use the name or persona of another person to create a web page or post on a message on a commercial social networking site without the consent of the person whose name or persona are being used and with the intent to harm, defraud, intimidate, or threaten any person.

 

“Commercial social networking site” means any website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication or through the creation of web pages or profiles available to the public or other members. It does not include email programs or message boards.

Bill number

Hawaii HB 1007

Sponsor

SAY (Introduced by request of another party)

Title

Pornography Offenses Against Children

Status

D Carried over to 2012 Regular Session. – 12/01/2011

Summary

This is a Governor’s bill and would amend Hawaii’s existing “pornographic for minors” law section 712-1215 (as defined in 712-1210) to include dissemination to a person that represents themselves to be less than 18 years old.

 

The existing law is constitutionally inadequate. It defines as “pornographic for minors” 1) any material primarily devoted to detailed and explicit narrative accounts of sexual excitement or conduct of sado-masochistic abuse that is 2) presented in such a manner that the average person, applying contemporary community standards would find that it appeals to the prurient interest of minors in sex, and 3) taken as a whole, would find it appeals to a minor’s prurient interest and, taken as a whole, lacks serious value. There is no “patently offensive” prong in the existing law nor does it require that the minor’s prurient interest be in sex.

 

Also, while neither the present law nor this bill refer to material distributed on the Internet, the Attorney General provides a “justification sheet” that accompanies the legislation and the sole reason offered for the bill is to catch adult predators communicating with kids on the Internet.

 

The existing law has an exemption for library employees acting within the scope of their job.

Bill number

Sponsor

Title

Status

Summary

Hawaii HB 1007

SAY (Introduced by request of another party)

Pornography Offenses Against Children

D Carried over to 2012 Regular Session. – 12/01/2011

This is a Governor’s bill and would amend Hawaii’s existing “pornographic for minors” law section 712-1215 (as defined in 712-1210) to include dissemination to a person that represents themselves to be less than 18 years old.

 

The existing law is constitutionally inadequate. It defines as “pornographic for minors” 1) any material primarily devoted to detailed and explicit narrative accounts of sexual excitement or conduct of sado-masochistic abuse that is 2) presented in such a manner that the average person, applying contemporary community standards would find that it appeals to the prurient interest of minors in sex, and 3) taken as a whole, would find it appeals to a minor’s prurient interest and, taken as a whole, lacks serious value. There is no “patently offensive” prong in the existing law nor does it require that the minor’s prurient interest be in sex.

 

Also, while neither the present law nor this bill refer to material distributed on the Internet, the Attorney General provides a “justification sheet” that accompanies the legislation and the sole reason offered for the bill is to catch adult predators communicating with kids on the Internet.

 

The existing law has an exemption for library employees acting within the scope of their job.

Bill number

Hawaii SB 1207

Sponsor

KOUCHI

Title

Trespass; Websites; Task Force

Status

D Carried over to 2012 Regular Session. – 12/01/2011

Summary

The bill would impose civil liability on any author or publisher of any visitor guide or website that “invites, attracts, or encourages” a person to commit criminal trespass and the person does trespass on or through private lands in reliance on the guide and is injured or dies.

 

The law does not require that the publication actually recommend or advise a visitor to trespass. “Attracts” a person to trespass for the purpose of reaching a natural attraction is susceptible to a broad interpretation and could be construed to include merely showing a picture or describing a place of natural beauty to visit it.

 

A “Visitor guide publication” is defined as any book, magazine, pamphlet, mailer, handout or advertisement that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

A “Visitor guide website” means any commercial website, commercial social media wireless communication, commercial forum, or commercial blog that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land or accessible by privately owned land.

 

The bill explicitly exempts the landowner or legal occupier of any liability for an injury or death that occurs in such a situation.


The bill was amended in the Senate Judiciary Committee to create a task force to identify problem areas on the islands and recommend remedies to reduce the incidence of trespass on public and private land.

 

The language to impose liability on authors and publishers was removed.

Bill number

Sponsor

Title

Status

Summary

Hawaii SB 1207

KOUCHI

Trespass; Websites; Task Force

D Carried over to 2012 Regular Session. – 12/01/2011

The bill would impose civil liability on any author or publisher of any visitor guide or website that “invites, attracts, or encourages” a person to commit criminal trespass and the person does trespass on or through private lands in reliance on the guide and is injured or dies.

 

The law does not require that the publication actually recommend or advise a visitor to trespass. “Attracts” a person to trespass for the purpose of reaching a natural attraction is susceptible to a broad interpretation and could be construed to include merely showing a picture or describing a place of natural beauty to visit it.

 

A “Visitor guide publication” is defined as any book, magazine, pamphlet, mailer, handout or advertisement that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

A “Visitor guide website” means any commercial website, commercial social media wireless communication, commercial forum, or commercial blog that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land or accessible by privately owned land.

 

The bill explicitly exempts the landowner or legal occupier of any liability for an injury or death that occurs in such a situation.


The bill was amended in the Senate Judiciary Committee to create a task force to identify problem areas on the islands and recommend remedies to reduce the incidence of trespass on public and private land.

 

The language to impose liability on authors and publishers was removed.

Bill number

Hawaii SB 1208

Sponsor

KOUCHI

Title

Visitor Guide Liability; Publication Liability

Status

D Carried over to 2012 Regular Session. – 12/01/2011

Summary

The bill would impose civil liability on any author or publisher of any visitor guide or website that “invites, attracts, or encourages”​ a person to commit criminal trespass and the person does trespass on or through private lands in reliance on the guide and is injured or dies.

 

The law does not require that the publication actually recommend or advise a visitor to trespass. “Attracts”​ a person to trespass for the purpose of reaching a natural attraction is susceptible to a broad interpretation and could be construed to include merely showing a picture or describing a place of natural beauty to visit it.

 

A “Visitor guide publication” ​is defined as any book, magazine, pamphlet, mailer, handout or advertisement that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

A “Visitor guide website” ​means any commercial website, commercial social media wireless communication, commercial forum, or commercial blog that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land or accessible by privately owned land.

 

The bill explicitly exempts the landowner or legal occupier of any liability for an injury or death that occurs in such a situation.

Bill number

Sponsor

Title

Status

Summary

Hawaii SB 1208

KOUCHI

Visitor Guide Liability; Publication Liability

D Carried over to 2012 Regular Session. – 12/01/2011

The bill would impose civil liability on any author or publisher of any visitor guide or website that “invites, attracts, or encourages”​ a person to commit criminal trespass and the person does trespass on or through private lands in reliance on the guide and is injured or dies.

 

The law does not require that the publication actually recommend or advise a visitor to trespass. “Attracts”​ a person to trespass for the purpose of reaching a natural attraction is susceptible to a broad interpretation and could be construed to include merely showing a picture or describing a place of natural beauty to visit it.

 

A “Visitor guide publication” ​is defined as any book, magazine, pamphlet, mailer, handout or advertisement that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land in the Hawaii.

 

A “Visitor guide website” ​means any commercial website, commercial social media wireless communication, commercial forum, or commercial blog that provides information about a visitor destination, geographic destination, or natural attraction on privately owned land or accessible by privately owned land.

 

The bill explicitly exempts the landowner or legal occupier of any liability for an injury or death that occurs in such a situation.

Bill number

Hawaii SB 1234

Sponsor

TSUTSUI (Introduced by request of another party)

Title

Pornography Offenses Against Children

Status

D Carried over to 2012 Regular Session. – 12/01/2011

Summary

This is a Governor’s bill and companion to HB 1007. It would amend Hawaii’s existing “pornographic for minors” law section 712-1215 (as defined in 712-1210) to include dissemination to a person that represents themselves to be less than 18 years old.

 

The existing law is constitutionally inadequate. It defines as “pornographic for minors” 1) any material primarily devoted to detailed and explicit narrative accounts of sexual excitement or conduct of sado-masochistic abuse that is 2) presented in such a manner that the average person, applying contemporary community standards would find that it appeals to the prurient interest of minors in sex, and 3) taken as a whole, would find it appeals to a minor’s prurient interest and, taken as a whole, lacks serious value. There is no “patently offensive” prong in the existing law nor does it require that the minor’s prurient interest be in sex.

 

Also, while neither the present law nor this bill refer to material distributed on the Internet, the Attorney General provides a “justification sheet” that accompanies the legislation and the sole reason offered for the bill is to catch adult predators communicating with kids on the Internet. The existing law has an exemption for library employees acting within the scope of their job.

Bill number

Sponsor

Title

Status

Summary

Hawaii SB 1234

TSUTSUI (Introduced by request of another party)

Pornography Offenses Against Children

D Carried over to 2012 Regular Session. – 12/01/2011

This is a Governor’s bill and companion to HB 1007. It would amend Hawaii’s existing “pornographic for minors” law section 712-1215 (as defined in 712-1210) to include dissemination to a person that represents themselves to be less than 18 years old.

 

The existing law is constitutionally inadequate. It defines as “pornographic for minors” 1) any material primarily devoted to detailed and explicit narrative accounts of sexual excitement or conduct of sado-masochistic abuse that is 2) presented in such a manner that the average person, applying contemporary community standards would find that it appeals to the prurient interest of minors in sex, and 3) taken as a whole, would find it appeals to a minor’s prurient interest and, taken as a whole, lacks serious value. There is no “patently offensive” prong in the existing law nor does it require that the minor’s prurient interest be in sex.

 

Also, while neither the present law nor this bill refer to material distributed on the Internet, the Attorney General provides a “justification sheet” that accompanies the legislation and the sole reason offered for the bill is to catch adult predators communicating with kids on the Internet. The existing law has an exemption for library employees acting within the scope of their job.

Bill number

Hawaii SB 2539

Sponsor

TOKUDA

Title

Harassment by Cyberbullying; Establishment; Penalty

Status

S Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. – 02/17/2012

Summary

S.B. 2539 makes it a crime to if with the intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, a person:

(i) Posts or transmits a message or statement in a public media forum about any other person;

(ii) Knows that the message or statement is false or intentionally misleading; and

(iii) Authors a message or statement that a reasonable person would believe to be damaging to the character or reputation of the other person.

 

I presume that prong (iii) is meant to show harm from the false or misleading statement posted in prong (i). This appears to be a variation on libel/defamation or false light.

Bill number

Sponsor

Title

Status

Summary

Hawaii SB 2539

TOKUDA

Harassment by Cyberbullying; Establishment; Penalty

S Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. – 02/17/2012

S.B. 2539 makes it a crime to if with the intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, a person:

(i) Posts or transmits a message or statement in a public media forum about any other person;

(ii) Knows that the message or statement is false or intentionally misleading; and

(iii) Authors a message or statement that a reasonable person would believe to be damaging to the character or reputation of the other person.

 

I presume that prong (iii) is meant to show harm from the false or misleading statement posted in prong (i). This appears to be a variation on libel/defamation or false light.

Illinois

Bill number

Illinois HB 1237

Sponsor

Rita Mayfield

Title

CRIME VICTIM RIGHTS COMPLIANCE

Status

Senate Senate Floor Amendment No. 5 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b). – 07/01/2012

Summary

H.B. 1237 specifically allows any individual to record the conversation of a law enforcement officer performing a public duty in a public place if the conversation is audible without using a listening device.

 

“Public place” is defined as any place the public has access to such as streets, sidewalks, or common areas of buildings.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 1237

Rita Mayfield

CRIME VICTIM RIGHTS COMPLIANCE

Senate Senate Floor Amendment No. 5 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b). – 07/01/2012

H.B. 1237 specifically allows any individual to record the conversation of a law enforcement officer performing a public duty in a public place if the conversation is audible without using a listening device.

 

“Public place” is defined as any place the public has access to such as streets, sidewalks, or common areas of buildings.

Bill number

Illinois HB 2052

Sponsor

Darlene J. Senger

Title

ELECTRONIC COMMUNICATION

Status

House Rule 19(a) / Re-referred to Rules Committee – 03/17/2011

Summary

H.B. 2052 would make expand the Illinois harassment law to make it illegal to communicate electronically for the purpose of:

(1) Knowingly frightening, intimidating, or causing emotional distress to another person by anonymously making a telephone call or any electronic communication; or making false postings on an Internet website for longer than 24 hours regardless of that information being sent to the victim;

(2) Knowingly communicating with another person by any electronic means who is, or who purports to be under 18 years of age and in so doing and without good cause recklessly frightening, intimidating, or causing emotional distress to such other person;

(3) Without good cause engaging in any other act with the purpose of frightening, intimidating, or causing emotional distress to another person, causing that person to be frightened, intimidated, or emotionally distressed, and such person’s response to the act is one of a person of average sensibilities considering the age of such person.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 2052

Darlene J. Senger

ELECTRONIC COMMUNICATION

House Rule 19(a) / Re-referred to Rules Committee – 03/17/2011

H.B. 2052 would make expand the Illinois harassment law to make it illegal to communicate electronically for the purpose of:

(1) Knowingly frightening, intimidating, or causing emotional distress to another person by anonymously making a telephone call or any electronic communication; or making false postings on an Internet website for longer than 24 hours regardless of that information being sent to the victim;

(2) Knowingly communicating with another person by any electronic means who is, or who purports to be under 18 years of age and in so doing and without good cause recklessly frightening, intimidating, or causing emotional distress to such other person;

(3) Without good cause engaging in any other act with the purpose of frightening, intimidating, or causing emotional distress to another person, causing that person to be frightened, intimidated, or emotionally distressed, and such person’s response to the act is one of a person of average sensibilities considering the age of such person.

Bill number

Illinois HB 3280

Sponsor

Patricia R. Bellock

Title

UTIL-ISP-CHILD PORN FILTER

Status

House Rule 19(a) / Re-referred to Rules Committee – 03/17/2011

Summary

H.B. 3280 would require the Illinois Commerce Commission to identify a “nationwide law enforcement agency” that keeps a registry of “hash values” files of images “nationwide law enforcement agency” believes to be child pornography.

 

All ISPs that provide service in Illinois must implement software that allows it to check all email attachments or files on peer-to-peer networks against the “hash values” in the registry to determine if it child pornography. If the file did match one in the registry, the request would be blocked and instead the customer would receive a warning that the material requested is illegal.

 

“Hash value” means the unique digital signature assigned to a digital file that can be recognized no matter what the file is named. “Nationwide law enforcement agency” is most likely the National Center for Missing and Exploited Children which has created such a registry.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 3280

Patricia R. Bellock

UTIL-ISP-CHILD PORN FILTER

House Rule 19(a) / Re-referred to Rules Committee – 03/17/2011

H.B. 3280 would require the Illinois Commerce Commission to identify a “nationwide law enforcement agency” that keeps a registry of “hash values” files of images “nationwide law enforcement agency” believes to be child pornography.

 

All ISPs that provide service in Illinois must implement software that allows it to check all email attachments or files on peer-to-peer networks against the “hash values” in the registry to determine if it child pornography. If the file did match one in the registry, the request would be blocked and instead the customer would receive a warning that the material requested is illegal.

 

“Hash value” means the unique digital signature assigned to a digital file that can be recognized no matter what the file is named. “Nationwide law enforcement agency” is most likely the National Center for Missing and Exploited Children which has created such a registry.

Bill number

Illinois HB 3287

Sponsor

John D. Cavaletto

Title

SEX OFFENDER-HARMFUL MATERIAL

Status

House Rule 19(a) / Re-referred to Rules Committee – 03/17/2011

Summary

H.B. 3287 would add the crime of distributing material harmful to minors to a minor to the state’s list of sex offenses.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 3287

John D. Cavaletto

SEX OFFENDER-HARMFUL MATERIAL

House Rule 19(a) / Re-referred to Rules Committee – 03/17/2011

H.B. 3287 would add the crime of distributing material harmful to minors to a minor to the state’s list of sex offenses.

Bill number

Illinois HB 3944

Sponsor

Elaine Nekritz

Title

CRIM CD-EAVESDROPPING EXEMPT

Status

House Added Co-Sponsor Rep. Linda Chapa LaVia – 03/27/2012

Summary

H.B. 3944 would allow members of the public to record the conversation of a law enforcement officer and any person he is having a conversation with if it is in public place while performing a public duty and the conversation is audible to the unassisted ear. Public place includes in inside motor vehicles and common areas of public and private buildings.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 3944

Elaine Nekritz

CRIM CD-EAVESDROPPING EXEMPT

House Added Co-Sponsor Rep. Linda Chapa LaVia – 03/27/2012

H.B. 3944 would allow members of the public to record the conversation of a law enforcement officer and any person he is having a conversation with if it is in public place while performing a public duty and the conversation is audible to the unassisted ear. Public place includes in inside motor vehicles and common areas of public and private buildings.

Bill number

Illinois HB 4640

Sponsor

Darlene J. Senger

Title

HARASSMENT-CYBER ID THEFT

Status

House Added Chief Co-Sponsor Rep. Sidney H. Mathias – 02/08/2012

Summary

H.B. 4640 would expand Illinois’s harassment law to apply to knowingly making repeated, unwanted, and harassing communication to another person.

 

“Harassing communication” is not defined in the bill or existing statute.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 4640

Darlene J. Senger

HARASSMENT-CYBER ID THEFT

House Added Chief Co-Sponsor Rep. Sidney H. Mathias – 02/08/2012

H.B. 4640 would expand Illinois’s harassment law to apply to knowingly making repeated, unwanted, and harassing communication to another person.

 

“Harassing communication” is not defined in the bill or existing statute.

Bill number

Illinois HB 4642

Sponsor

Darlene J. Senger

Title

HARASS- ELEC COM&COMPUTER TAMP

Status

Senate Pursuant to Senate Rule 3-9(b) / Referred to Assignments – 07/01/2012

Summary

H.B. 4642 would amend Illinois’s harassment statute to include knowingly and by any means making repeated, unwanted, and harassing communication to another person.

 

“Harassing communication” is not defined in the statute.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 4642

Darlene J. Senger

HARASS- ELEC COM&COMPUTER TAMP

Senate Pursuant to Senate Rule 3-9(b) / Referred to Assignments – 07/01/2012

H.B. 4642 would amend Illinois’s harassment statute to include knowingly and by any means making repeated, unwanted, and harassing communication to another person.

 

“Harassing communication” is not defined in the statute.

Bill number

Illinois HB 5499

Sponsor

Kimberly du Buclet

Title

CD CORR-INITIATIVE PROBATION

Status

House Rule 19(a) / Re-referred to Rules Committee – 03/09/2012

Summary

H.B. 5499 would exempt from eavesdropping law recording by a member of the general public of the conversation of a law enforcement officer and any person he or she is talking with if it is in a public place and while the officer is performing a public duty and the conversation is audible to the unassisted ear. Public place includes in inside motor vehicles and common areas of public and private buildings.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 5499

Kimberly du Buclet

CD CORR-INITIATIVE PROBATION

House Rule 19(a) / Re-referred to Rules Committee – 03/09/2012

H.B. 5499 would exempt from eavesdropping law recording by a member of the general public of the conversation of a law enforcement officer and any person he or she is talking with if it is in a public place and while the officer is performing a public duty and the conversation is audible to the unassisted ear. Public place includes in inside motor vehicles and common areas of public and private buildings.

Bill number

Illinois HB 5693

Sponsor

Richard Morthland

Title

CRIM CD-EAVESDROPPING EXEMPT

Status

House Referred to Rules Committee – 02/16/2012

Summary

H.B. 5693 would exempt from eavesdropping law recording by a member of the general public of the conversation of a law enforcement officer and any person he or she is talking with if it is in a public place and while the officer is performing a public duty and the conversation is audible to the unassisted ear. Public place includes in inside motor vehicles and common areas of public and private buildings.

Bill number

Sponsor

Title

Status

Summary

Illinois HB 5693

Richard Morthland

CRIM CD-EAVESDROPPING EXEMPT

House Referred to Rules Committee – 02/16/2012

H.B. 5693 would exempt from eavesdropping law recording by a member of the general public of the conversation of a law enforcement officer and any person he or she is talking with if it is in a public place and while the officer is performing a public duty and the conversation is audible to the unassisted ear. Public place includes in inside motor vehicles and common areas of public and private buildings.

Bill number

Illinois HR 129

Sponsor

Barbara Flynn Currie

Title

CONGRATS-CLEO WILSON

Status

House Resolution Adopted – 03/01/2011

Bill number

Sponsor

Title

Status

Illinois HR 129

Barbara Flynn Currie

CONGRATS-CLEO WILSON

House Resolution Adopted – 03/01/2011

Bill number

Illinois HR 361

Sponsor

Robert W. Pritchard

Title

ALERT-SCHOOL SHOOTER VID GAME

Status

House Tabled By Sponsor Rep. Robert W. Pritchard – 02/21/2012

Summary

This resolution is intended to alert parents, students, school personnel and citizens generally of “School Shooter: North American Tour 2012.” It also calls on the manufacturer and distributors to cease making and distribution of the game.

 

It also calls on parents to monitor their consumption of all media and urges retailers to better monitor sales of all video games with violent content.

 

Finally, it calls on the legislature to consider a consumer educational campaign on video and computer games.

Bill number

Sponsor

Title

Status

Summary

Illinois HR 361

Robert W. Pritchard

ALERT-SCHOOL SHOOTER VID GAME

House Tabled By Sponsor Rep. Robert W. Pritchard – 02/21/2012

This resolution is intended to alert parents, students, school personnel and citizens generally of “School Shooter: North American Tour 2012.” It also calls on the manufacturer and distributors to cease making and distribution of the game.

 

It also calls on parents to monitor their consumption of all media and urges retailers to better monitor sales of all video games with violent content.

 

Finally, it calls on the legislature to consider a consumer educational campaign on video and computer games.

Indiana

Bill number

Indiana HB 1133

Sponsor

Eberhart

Title

Rights of publicity.

Status

S First reading: referred to Committee on Public Policy – 02/01/2012

Summary

H.B. 1133 would make the existing Right of Publicity Statute retroactive to include any “personality” who died before 1994.

Bill number

Sponsor

Title

Status

Summary

Indiana HB 1133

Eberhart

Rights of publicity.

S First reading: referred to Committee on Public Policy – 02/01/2012

H.B. 1133 would make the existing Right of Publicity Statute retroactive to include any “personality” who died before 1994.

Bill number

Indiana HB 1258

Sponsor

Foley

Title

Various estate administration matters.

Status

H Signed by the Governor – 03/19/2012

Summary

H.B. 1258 would make the existing Right of Publicity Statute retroactive to include any “personality” who died before 1994.

 

The legislation also includes a provision barring one from invoking a right of publicity if the commercial value in one’s notoriety is derived from being charged or convicted of committing a crime.

Bill number

Sponsor

Title

Status

Summary

Indiana HB 1258

Foley

Various estate administration matters.

H Signed by the Governor – 03/19/2012

H.B. 1258 would make the existing Right of Publicity Statute retroactive to include any “personality” who died before 1994.

 

The legislation also includes a provision barring one from invoking a right of publicity if the commercial value in one’s notoriety is derived from being charged or convicted of committing a crime.

Bill number

Indiana SB 183

Title

Sexually oriented businesses.

Status

S Senator Walker added as coauthor – 01/12/2012

Summary

SB 183 would create a series of restrictions on businesses defined as sexually oriented businesses. Sexually oriented business are include “adult book or video stores.”

 

“Adult book or video store” as a commercial establishment in which “adult books or videos” form at least thirty percent (30%) of: (A) the establishment’s displayed merchandise; (B) the wholesale value of the establishment’s displayed merchandise; (C) the retail value of the establishment’s displayed merchandise; (D) the establishment’s total revenue; or (E) the establishment’s interior business space.

 

“Adult books or videos” are defined as: (A) books, magazines, periodicals, or other printed matter; or (B) photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations; that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.

Bill number

Title

Status

Summary

Indiana SB 183

Sexually oriented businesses.

S Senator Walker added as coauthor – 01/12/2012

SB 183 would create a series of restrictions on businesses defined as sexually oriented businesses. Sexually oriented business are include “adult book or video stores.”

 

“Adult book or video store” as a commercial establishment in which “adult books or videos” form at least thirty percent (30%) of: (A) the establishment’s displayed merchandise; (B) the wholesale value of the establishment’s displayed merchandise; (C) the retail value of the establishment’s displayed merchandise; (D) the establishment’s total revenue; or (E) the establishment’s interior business space.

 

“Adult books or videos” are defined as: (A) books, magazines, periodicals, or other printed matter; or (B) photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations; that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.

Bill number

Indiana SB 316

Sponsor

Head

Title

Child protection registry.

Status

S First reading: referred to Committee on Judiciary – 01/05/2012

Summary

SB 316 makes it illegal to send an “adult communication” to a “contact point” that has been registered with the state.

 

An “adult communication” is any communication made for the purpose of advertising or promoting any product or service that a minor is prohibited from purchasing including material harmful to minors.

 

“Contact point” is defined as any email address, instant message identity, fax number or other similar electronic address belonging to a minor, a minor has access to or is in a household in which a minors is present.

 

The bill requires the Secretary of State to create a “do not contact” list for “contact points” and regulations for how names are added to the list and how commercial emailers can scrub their lists to remove those on the “do not contact” list. The cost of scrubbing an email list cannot exceed $72,000.

 

This bill is similar to HB 1418 introduced last year.

Bill number

Sponsor

Title

Status

Summary

Indiana SB 316

Head

Child protection registry.

S First reading: referred to Committee on Judiciary – 01/05/2012

SB 316 makes it illegal to send an “adult communication” to a “contact point” that has been registered with the state.

 

An “adult communication” is any communication made for the purpose of advertising or promoting any product or service that a minor is prohibited from purchasing including material harmful to minors.

 

“Contact point” is defined as any email address, instant message identity, fax number or other similar electronic address belonging to a minor, a minor has access to or is in a household in which a minors is present.

 

The bill requires the Secretary of State to create a “do not contact” list for “contact points” and regulations for how names are added to the list and how commercial emailers can scrub their lists to remove those on the “do not contact” list. The cost of scrubbing an email list cannot exceed $72,000.

 

This bill is similar to HB 1418 introduced last year.

Iowa

Bill number

Iowa HF 589

Sponsor

Committee On

Title

A bill for an act relating to an offense involving agricultural operations, and providing penalties, and including effective date provisions.

Status

Acts Chapter 1005 – 03/02/2012

Summary

H.F. 589 restricts anyone from giving false or misleading information on an employment application for work on a farm or at a animal facility with the intent to take the job to engage in unauthorized activity. The law would prevent undercover reporting on farming and animal treatment at such businesses.

Bill number

Sponsor

Title

Status

Summary

Iowa HF 589

Committee On

A bill for an act relating to an offense involving agricultural operations, and providing penalties, and including effective date provisions.

Acts Chapter 1005 – 03/02/2012

H.F. 589 restricts anyone from giving false or misleading information on an employment application for work on a farm or at a animal facility with the intent to take the job to engage in unauthorized activity. The law would prevent undercover reporting on farming and animal treatment at such businesses.

Bill number

Iowa HSB 525

Sponsor

Attorney General

Title

A study bill relating to the possession, distribution, and reporting of obscene material, and making penalties applicable.

Status

Voted – Judiciary. – 02/21/2012

Summary

HSB 525 would amend the definition of material for the purpose of the harmful to minors law to apply to “any live transmission.” To the extent this phrase would apply the law to Internet or electronic dissemination, it is not limited to direct contact with a specific person know or believed to be a minor.

 

SSB 3034 is the Senate companion bill.

Bill number

Sponsor

Title

Status

Summary

Iowa HSB 525

Attorney General

A study bill relating to the possession, distribution, and reporting of obscene material, and making penalties applicable.

Voted – Judiciary. – 02/21/2012

HSB 525 would amend the definition of material for the purpose of the harmful to minors law to apply to “any live transmission.” To the extent this phrase would apply the law to Internet or electronic dissemination, it is not limited to direct contact with a specific person know or believed to be a minor.

 

SSB 3034 is the Senate companion bill.

Bill number

Iowa SF 65

Sponsor

Zaun

Title

A bill for an act requiring public libraries that receive state funding to adopt a policy restricting the content of video materials borrowed by children under seventeen years of age.

Status

* * * * * END OF 2011 ACTIONS * * * * * – 12/31/2011

Summary

This bill would require libraries that receive state funds to limit movies that can be rented by anyone 17 or younger to those rated PG-13, PG or G.

Bill number

Sponsor

Title

Status

Summary

Iowa SF 65

Zaun

A bill for an act requiring public libraries that receive state funding to adopt a policy restricting the content of video materials borrowed by children under seventeen years of age.

* * * * * END OF 2011 ACTIONS * * * * * – 12/31/2011

This bill would require libraries that receive state funds to limit movies that can be rented by anyone 17 or younger to those rated PG-13, PG or G.

Bill number

Iowa SF 304

Sponsor

Sodders

Title

A bill for an act creating a child and school communication protection registry, providing for a fee, creating a fund, providing an appropriation, and providing a penalty.

Status

* * * * * END OF 2011 ACTIONS * * * * * – 12/31/2011

Summary

S.F. 304 would require the department of public safety to create a registry that allows a person to add their email or instant message address, cellphone or fax number or other electronic contact point if it belongs to a minor, a minor has access to it, or it is in a household in which a minor is present.

 

It would then be illegal to send if the primary purpose of the message is to, directly or indirectly, advertise or otherwise link to a message that advertises a product or service that a minor is prohibited by law from purchasing, viewing, possessing, participating in, or otherwise receiving.

 

Anyone wanting to send such a communication must use a mechanism to be adopted by the state by rule to remove names in the registry from their contact list. The fee for scrubbing the list may not be greater than 3 cents per contact name. The fee will be used to cover the cost of administering the list.

 

A person may still send such a communication to a name in the registry if, before sending it, the sender receives consent from the adult who controls the contact point. Consent must 1) verify the age of the adult by inspecting his or her government issued ID in a face to face transaction, 2) obtain written record of the consent, 3) include a notice of the right to rescind the consent with information on how to do it and 4) notify the registry that the sender intends to send the communication pursuant to the consent of the recipient.

 

A violation of this section is subject to injunctive relief, a civil fine of $10,000 for a first violation and $25,000 for each subsequent violation. A violation of this section is subject to injunctive relief, a civil fine of $25,000 for each violation. Any money recovered will be used by the Department of Public Safety to administer the registry.

Bill number

Sponsor

Title

Status

Summary

Iowa SF 304

Sodders

A bill for an act creating a child and school communication protection registry, providing for a fee, creating a fund, providing an appropriation, and providing a penalty.

* * * * * END OF 2011 ACTIONS * * * * * – 12/31/2011

S.F. 304 would require the department of public safety to create a registry that allows a person to add their email or instant message address, cellphone or fax number or other electronic contact point if it belongs to a minor, a minor has access to it, or it is in a household in which a minor is present.

 

It would then be illegal to send if the primary purpose of the message is to, directly or indirectly, advertise or otherwise link to a message that advertises a product or service that a minor is prohibited by law from purchasing, viewing, possessing, participating in, or otherwise receiving.

 

Anyone wanting to send such a communication must use a mechanism to be adopted by the state by rule to remove names in the registry from their contact list. The fee for scrubbing the list may not be greater than 3 cents per contact name. The fee will be used to cover the cost of administering the list.

 

A person may still send such a communication to a name in the registry if, before sending it, the sender receives consent from the adult who controls the contact point. Consent must 1) verify the age of the adult by inspecting his or her government issued ID in a face to face transaction, 2) obtain written record of the consent, 3) include a notice of the right to rescind the consent with information on how to do it and 4) notify the registry that the sender intends to send the communication pursuant to the consent of the recipient.

 

A violation of this section is subject to injunctive relief, a civil fine of $10,000 for a first violation and $25,000 for each subsequent violation. A violation of this section is subject to injunctive relief, a civil fine of $25,000 for each violation. Any money recovered will be used by the Department of Public Safety to administer the registry.

Bill number

Iowa SF 410

Sponsor

Committee On State

Title

A bill for an act relating to the duties and operations of the state commission of libraries, the division of libraries and information services, and the library service areas.

Status

Referred to State Government. S.J. 188. – 02/06/2012

Summary

S.F. 410 require any public library that receives state funds to adopt a policy to limit access to electronic media, videos, or video game resources by a child under seventeen years of age if the media, video, or resource has been assigned a rating of R or NC=17, or a comparable rating, by the MPAA, the film advisory board, or ESRB.

Bill number

Sponsor

Title

Status

Summary

Iowa SF 410

Committee On State

A bill for an act relating to the duties and operations of the state commission of libraries, the division of libraries and information services, and the library service areas.

Referred to State Government. S.J. 188. – 02/06/2012

S.F. 410 require any public library that receives state funds to adopt a policy to limit access to electronic media, videos, or video game resources by a child under seventeen years of age if the media, video, or resource has been assigned a rating of R or NC=17, or a comparable rating, by the MPAA, the film advisory board, or ESRB.

Bill number

Iowa SSB 3034

Sponsor

Attorney General

Title

A study bill for an act relating to the possession, distribution, and reporting of obscene material, and making penalties applicable.

Status

Judiciary: Fraise Chair,Ward, and Dvorsky. – 01/17/2012

Summary

Senate Study Bill 3034 would amend the definition of material for the purpose of the harmful to minors law to apply to “any live transmission.” To the extent this phrase would apply the law to Internet or electronic dissemination, it is not limited to direct contact with a specific person know or believed to be a minor.

 

H.S.B. 525 is the Senate companion bill.

Bill number

Sponsor

Title

Status

Summary

Iowa SSB 3034

Attorney General

A study bill for an act relating to the possession, distribution, and reporting of obscene material, and making penalties applicable.

Judiciary: Fraise Chair,Ward, and Dvorsky. – 01/17/2012

Senate Study Bill 3034 would amend the definition of material for the purpose of the harmful to minors law to apply to “any live transmission.” To the extent this phrase would apply the law to Internet or electronic dissemination, it is not limited to direct contact with a specific person know or believed to be a minor.

 

H.S.B. 525 is the Senate companion bill.

Kansas

Bill number

Kansas HB 2042

Sponsor

Committee on Judiciary

Title

Requiring law enforcement to report pornographic materials found at scene of or in possession of person who commits a sexually violent crime.

Status

Senate Died in Senate Committee – 06/01/2012

Summary

This law would require police officers who respond to the scene of a sexually violent crime must report whether any “pornographic material” at the scene of the crime, on the person, at the residence or in the vehicle of the person arrested.

 

“Pornographic material” is defined to include any depiction of sexually explicit conduct. This information is to be gathered for statistical purposes only.

Bill number

Sponsor

Title

Status

Summary

Kansas HB 2042

Committee on Judiciary

Requiring law enforcement to report pornographic materials found at scene of or in possession of person who commits a sexually violent crime.

Senate Died in Senate Committee – 06/01/2012

This law would require police officers who respond to the scene of a sexually violent crime must report whether any “pornographic material” at the scene of the crime, on the person, at the residence or in the vehicle of the person arrested.

 

“Pornographic material” is defined to include any depiction of sexually explicit conduct. This information is to be gathered for statistical purposes only.

Bill number

Kansas HB 2107

Sponsor

Committee on Federal and State Affairs

Title

Community defense act; sexually oriented businesses regulations.

Status

Senate Died in Senate Committee – 06/01/2012

Summary

This bill would require all “adult bookstore or video store” to close between midnight and six a.m. every day, no one under 18 would be allowed on the premises, and no one could consume any alcoholic beverage on the premises. No new “adult bookstore or video store” could open within 1,000 feet of any public or private elementary or secondary school, house of worship, day care facility, public library, park, residence or other such business.

 

“Adult bookstore or video store” is defined as any business as one of its principal business activities offers for sale or rent any books, magazines, movies, pictures, or other visual matter containing sexual activity or specified nudity and 30% or more: of the display, value, revenue from the sale or rental, or interior space is devoted to or derived from such merchandise.

Bill number

Sponsor

Title

Status

Summary

Kansas HB 2107

Committee on Federal and State Affairs

Community defense act; sexually oriented businesses regulations.

Senate Died in Senate Committee – 06/01/2012

This bill would require all “adult bookstore or video store” to close between midnight and six a.m. every day, no one under 18 would be allowed on the premises, and no one could consume any alcoholic beverage on the premises. No new “adult bookstore or video store” could open within 1,000 feet of any public or private elementary or secondary school, house of worship, day care facility, public library, park, residence or other such business.

 

“Adult bookstore or video store” is defined as any business as one of its principal business activities offers for sale or rent any books, magazines, movies, pictures, or other visual matter containing sexual activity or specified nudity and 30% or more: of the display, value, revenue from the sale or rental, or interior space is devoted to or derived from such merchandise.

Bill number

Kansas HB 2467

Sponsor

Committee on Corrections and Juvenile Justice

Title

Creating the crimes of unlawful dissemination and possession of a depiction of a minor.

Status

House Died in Committee – 06/01/2012

Summary

House Bill 2467 would make it illegal for a minor to transmit any visual image of a minor 14 years of age or older in a “state of nudity” including images of themselves.

 

It would also be illegal to possess an image of a minor at least 14 years of age in a “state of nudity” if it is done so by the minor who is the subject of the depiction or a person less than four years older than the minor depicted in the image and who received the image directly from the minor depicted.

 

“State of nudity” is defined as any state of undress in which the genitals, pubic region, buttock or breast of a female are less than opaquely covered. The definition is not limited to lascivious display of the genitals.

Bill number

Sponsor

Title

Status

Summary

Kansas HB 2467

Committee on Corrections and Juvenile Justice

Creating the crimes of unlawful dissemination and possession of a depiction of a minor.

House Died in Committee – 06/01/2012

House Bill 2467 would make it illegal for a minor to transmit any visual image of a minor 14 years of age or older in a “state of nudity” including images of themselves.

 

It would also be illegal to possess an image of a minor at least 14 years of age in a “state of nudity” if it is done so by the minor who is the subject of the depiction or a person less than four years older than the minor depicted in the image and who received the image directly from the minor depicted.

 

“State of nudity” is defined as any state of undress in which the genitals, pubic region, buttock or breast of a female are less than opaquely covered. The definition is not limited to lascivious display of the genitals.

Bill number

Kansas SB 25

Sponsor

Committee on Federal and State Affairs

Title

House Substitute for SB 25 by Committee on Federal and State Affairs – Community defense act; sexually oriented businesses regulations.

Status

Senate Died in Committee – 06/01/2012

Summary

S.B. 25 would bar any sexually oriented book or video stores from being located within 1,000 feet of a school, house of worship, day care facility, library, park, residence, or other sexually oriented business. It would also bar any business if anyone with a previous conviction for certain crimes owns a 30% interest in the business. Any such business would have to close everyday between midnight and 6 a.m.

 

Adult book or video stores is any business that sells books, magazines, movies, or similar media that are characterized by an emphasis on the display of sexual activity or specified anatomical areas and has at least 30% of its displayed merchandise, wholesale value, retail value, revenues from the sale or rental, or interior business space devoted to the sale or rental of such items; or maintains an adult arcade

Bill number

Sponsor

Title

Status

Summary

Kansas SB 25

Committee on Federal and State Affairs

House Substitute for SB 25 by Committee on Federal and State Affairs – Community defense act; sexually oriented businesses regulations.

Senate Died in Committee – 06/01/2012

S.B. 25 would bar any sexually oriented book or video stores from being located within 1,000 feet of a school, house of worship, day care facility, library, park, residence, or other sexually oriented business. It would also bar any business if anyone with a previous conviction for certain crimes owns a 30% interest in the business. Any such business would have to close everyday between midnight and 6 a.m.

 

Adult book or video stores is any business that sells books, magazines, movies, or similar media that are characterized by an emphasis on the display of sexual activity or specified anatomical areas and has at least 30% of its displayed merchandise, wholesale value, retail value, revenues from the sale or rental, or interior business space devoted to the sale or rental of such items; or maintains an adult arcade

Bill number

Kansas SB 55

Sponsor

Committee on Judiciary

Title

House Substitute for SB 55 by Committee on Corrections and Juvenile Justice – Authorizing relief from firearm disability for mentally ill and allowing access to certain information; house arrest and other sentencing conditions as penalties for certain crimes, interception of third-party communications, use of immigration status for appearance bond considerations; grand juries, payment of prisoners for work release, community corrections, harassment by telecommunications device.

Status

Senate Approved by Governor on Wednesday, 25 May 2011 – 06/01/2011

Summary

This bill amends Kansas existing harassment law to apply to any communication that makes use of telephone lines or service.

 

The existing law is generally limited to communication intended to harass another person or institution but (1)(A) makes it illegal to transmit any comment, request, suggestion, proposal, image, or text which is obscene, lewd, lascivious, filthy or indecent.

Bill number

Sponsor

Title

Status

Summary

Kansas SB 55

Committee on Judiciary

House Substitute for SB 55 by Committee on Corrections and Juvenile Justice – Authorizing relief from firearm disability for mentally ill and allowing access to certain information; house arrest and other sentencing conditions as penalties for certain crimes, interception of third-party communications, use of immigration status for appearance bond considerations; grand juries, payment of prisoners for work release, community corrections, harassment by telecommunications device.

Senate Approved by Governor on Wednesday, 25 May 2011 – 06/01/2011

This bill amends Kansas existing harassment law to apply to any communication that makes use of telephone lines or service.

 

The existing law is generally limited to communication intended to harass another person or institution but (1)(A) makes it illegal to transmit any comment, request, suggestion, proposal, image, or text which is obscene, lewd, lascivious, filthy or indecent.

Kentucky

Bill number

Kentucky HB 129

Sponsor

J. Adams

Title

AN ACT relating to harassing communications

Status

introduced in House; to Judiciary (H) – 01/03/2012

Summary

H.B. 129 amends the existing harassment law to make clear that it applies to electronic communication.

 

It also adds a new subsection to the section that makes it a crime of harassment to communicate with another person with an intent to “harass, annoy, or alarm” any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent.

 

The existing law makes it a crime when, with “intent to intimidate, harass, annoy, or alarm” another person, he or she communicates with a person, by telephone, telegraph, mail, telecommunication, electronic communication, or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication; or

Bill number

Sponsor

Title

Status

Summary

Kentucky HB 129

J. Adams

AN ACT relating to harassing communications

introduced in House; to Judiciary (H) – 01/03/2012

H.B. 129 amends the existing harassment law to make clear that it applies to electronic communication.

 

It also adds a new subsection to the section that makes it a crime of harassment to communicate with another person with an intent to “harass, annoy, or alarm” any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent.

 

The existing law makes it a crime when, with “intent to intimidate, harass, annoy, or alarm” another person, he or she communicates with a person, by telephone, telegraph, mail, telecommunication, electronic communication, or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication; or

Louisiana

Bill number

Louisiana SB 513

Sponsor

CROWE

Title

ADMINISTRATION DIVISION

Status

S Effective date 8/1/12. – 06/05/2012

Summary

S.B. 513 bars the Division of Administration from approving the spending of any money with any person, entity, company, corporation, association, organization or corporate subsidiary which is required to maintain records under the 2257 record keeping regime.

Bill number

Sponsor

Title

Status

Summary

Louisiana SB 513

CROWE

ADMINISTRATION DIVISION

S Effective date 8/1/12. – 06/05/2012

S.B. 513 bars the Division of Administration from approving the spending of any money with any person, entity, company, corporation, association, organization or corporate subsidiary which is required to maintain records under the 2257 record keeping regime.

Bill number

Louisiana SB 686

Sponsor

ADLEY

Title

CRIME/PUNISHMENT

Status

S Effective date 8/1/12. – 06/14/2012

Summary

Louisiana S.B. 686 bars the sending of an unsolicited text message that contains sexual material to a “wireless communication device.”​

 

“Sexual material” is defined as any text, audio or images of nudity or sexual activity or sexually oriented language.

 

Wireless device is defined to includes smartphones and Ipads type devices.

 

The bill applies to adults and minors.

Bill number

Sponsor

Title

Status

Summary

Louisiana SB 686

ADLEY

CRIME/PUNISHMENT

S Effective date 8/1/12. – 06/14/2012

Louisiana S.B. 686 bars the sending of an unsolicited text message that contains sexual material to a “wireless communication device.”​

 

“Sexual material” is defined as any text, audio or images of nudity or sexual activity or sexually oriented language.

 

Wireless device is defined to includes smartphones and Ipads type devices.

 

The bill applies to adults and minors.

Massachusetts

Bill number

Massachusetts HB 2847

Sponsor

Eugene L. O’Flaherty

Title

An Act further defining the dissemination of obscene material

Status

New draft substituted – see HB4361 – 07/31/2012

Summary

H.B. 2847 and S.B. 703 would limit the applicability of Massachusetts harmful to minors law to material disseminated to a specific person known or believed to be a minor. The legislation is in response to the preliminary injunction granted in ABFFE v. Burns, our challenge to the existing law barring any electronic distribution of such material.

Bill number

Sponsor

Title

Status

Summary

Massachusetts HB 2847

Eugene L. O’Flaherty

An Act further defining the dissemination of obscene material

New draft substituted – see HB4361 – 07/31/2012

H.B. 2847 and S.B. 703 would limit the applicability of Massachusetts harmful to minors law to material disseminated to a specific person known or believed to be a minor. The legislation is in response to the preliminary injunction granted in ABFFE v. Burns, our challenge to the existing law barring any electronic distribution of such material.

Bill number

Massachusetts SB 636

Sponsor

Steven A. Baddour

Title

An Act mandating a child to accompany a parent.

Status

Accompanied study order – see SB2440 – 07/13/2012

Summary

S.B. 636 as titled “Responsibility of Parent to Remove From Their Children, Video Games Or Software or Television Movies or Shows That Have Violent Content In Their Games or Software or Television Programs: The Video Game Or Software Or Motion Picture Or Television Production Industries To Be Indemnified from Liability From Actions Arriving Out of the Criminal Actions of A Minor Child.” It requires parents to prevent their children from accessing any video games, computer software, or television programming with violent content that can cause the minor to become addicted to it and incites the minor to “the concept of violence and unrealistic activities that can result from said games.”

 

The video game, computer software, and television industries must post labels on their products warning parents that their products have violent content.

 

The industries would then be indemnified for any civil and criminal liability from any action arising out of the criminally violent conduct of a minor child.

 

The violent content in such media would also be barred as a defense in a criminal or tort action arising out of the juvenile’s violent behavior against another person in question during a criminal or civil proceeding or both said criminal and civil proceedings against a minor child and their parent arising out of the minor child’s violent misconduct against another person.

 

The violent content in these media causing a child to become so addicted to their children, thus, causing a minor child to commit a violent offense against another human being shall be barred as a defense in Juvenile Court to have a minor child accompany their parent at the conclusion of all of their educational programming and including but not limited to their extra-curricular activities for that particular day.

 

ed. note – It is not clear what the last section of the bill means but this is what it says.

Bill number

Sponsor

Title

Status

Summary

Massachusetts SB 636

Steven A. Baddour

An Act mandating a child to accompany a parent.

Accompanied study order – see SB2440 – 07/13/2012

S.B. 636 as titled “Responsibility of Parent to Remove From Their Children, Video Games Or Software or Television Movies or Shows That Have Violent Content In Their Games or Software or Television Programs: The Video Game Or Software Or Motion Picture Or Television Production Industries To Be Indemnified from Liability From Actions Arriving Out of the Criminal Actions of A Minor Child.” It requires parents to prevent their children from accessing any video games, computer software, or television programming with violent content that can cause the minor to become addicted to it and incites the minor to “the concept of violence and unrealistic activities that can result from said games.”

 

The video game, computer software, and television industries must post labels on their products warning parents that their products have violent content.

 

The industries would then be indemnified for any civil and criminal liability from any action arising out of the criminally violent conduct of a minor child.

 

The violent content in such media would also be barred as a defense in a criminal or tort action arising out of the juvenile’s violent behavior against another person in question during a criminal or civil proceeding or both said criminal and civil proceedings against a minor child and their parent arising out of the minor child’s violent misconduct against another person.

 

The violent content in these media causing a child to become so addicted to their children, thus, causing a minor child to commit a violent offense against another human being shall be barred as a defense in Juvenile Court to have a minor child accompany their parent at the conclusion of all of their educational programming and including but not limited to their extra-curricular activities for that particular day.

 

ed. note – It is not clear what the last section of the bill means but this is what it says.

Bill number

Massachusetts SB 703

Sponsor

Cynthia Stone Creem

Title

An Act further defining the dissemination of obscene material.

Status

Accompanied study order – see SB2440 – 07/13/2012

Summary

H.B. 2847 and S.B. 703 would limit the applicability of Massachusetts harmful to minors law to material disseminated to a specific person known or believed to be a minor. The legislation is in response to the preliminary injunction granted in ABFFE v. Burns, our challenge to the existing law barring any electronic distribution of such material.

Bill number

Sponsor

Title

Status

Summary

Massachusetts SB 703

Cynthia Stone Creem

An Act further defining the dissemination of obscene material.

Accompanied study order – see SB2440 – 07/13/2012

H.B. 2847 and S.B. 703 would limit the applicability of Massachusetts harmful to minors law to material disseminated to a specific person known or believed to be a minor. The legislation is in response to the preliminary injunction granted in ABFFE v. Burns, our challenge to the existing law barring any electronic distribution of such material.

Bill number

Massachusetts SB 1713

Sponsor

Stanley C. Rosenberg

Title

An Act protecting the commercial value of artists, entertainers, and other notable personalities.

Status

New draft substituted – see SB2382 – 07/26/2012

Summary

SB 1713 creates a right of publicity for any person whose identity has commercial value in their name, likeness, voice, signature, or an appearance or gesture that uniquely identifies the person. The right lasts for the life of the person plus 75 years.

 

Anyone who knowingly uses such an identity for commercial purposes without written consent is subject to a restraint or order and liable for civil damages. Damages are the greater of actual damages suffered as a result of the infringement or $1,000, whichever is greater. The Court may also award attorney’s fees, expenses and costs to the prevailing party in a court action.

 

“Commercial use” means: (1) the use of a personality’s identity (i) on or in goods, products or services, (ii) for the purpose of advertising goods, products or services, or (iii) for fundraising.

 

It is not a commercial use of a personality’s identity for a person: (i) to use a personality’s identity as part of a news report or commentary or as part of an artistic or expressive work, such as a live performance, work of art, literary work, theatrical work, musical work, audiovisual work, motion picture, television program, radio program, or the like, (ii) to use a personality’s identity in an advertisement, promotion or commercial announcement for any such news report, commentary or work, (iii) to use a personality’s identity in the personality’s role as a member of the public where the personality is not named or similarly identified, (iv) to use a personality’s identity in a manner that is incidental or de minimus, or (v) to use a personality’s identity in a manner that is permitted under the laws or the Constitution of the United States or Massachusetts.

Bill number

Sponsor

Title

Status

Summary

Massachusetts SB 1713

Stanley C. Rosenberg

An Act protecting the commercial value of artists, entertainers, and other notable personalities.

New draft substituted – see SB2382 – 07/26/2012

SB 1713 creates a right of publicity for any person whose identity has commercial value in their name, likeness, voice, signature, or an appearance or gesture that uniquely identifies the person. The right lasts for the life of the person plus 75 years.

 

Anyone who knowingly uses such an identity for commercial purposes without written consent is subject to a restraint or order and liable for civil damages. Damages are the greater of actual damages suffered as a result of the infringement or $1,000, whichever is greater. The Court may also award attorney’s fees, expenses and costs to the prevailing party in a court action.

 

“Commercial use” means: (1) the use of a personality’s identity (i) on or in goods, products or services, (ii) for the purpose of advertising goods, products or services, or (iii) for fundraising.

 

It is not a commercial use of a personality’s identity for a person: (i) to use a personality’s identity as part of a news report or commentary or as part of an artistic or expressive work, such as a live performance, work of art, literary work, theatrical work, musical work, audiovisual work, motion picture, television program, radio program, or the like, (ii) to use a personality’s identity in an advertisement, promotion or commercial announcement for any such news report, commentary or work, (iii) to use a personality’s identity in the personality’s role as a member of the public where the personality is not named or similarly identified, (iv) to use a personality’s identity in a manner that is incidental or de minimus, or (v) to use a personality’s identity in a manner that is permitted under the laws or the Constitution of the United States or Massachusetts.

Bill number

Massachusetts SB 2382

Sponsor

Senate Ways and Means

Title

An Act protecting the commercial value of artists, entertainers, and other notable personalities

Status

Referred to House Committee on Ways and Means – 07/26/2012

Summary

S.B. 2382 would create a right of publicity for a person’s life plus 70 years. The right of publicity would allow for actual damages for the unauthorized and knowing commercial use of a person’s name, image, or unique characteristics. The court may also award attorney’s fees and costs.

Bill number

Sponsor

Title

Status

Summary

Massachusetts SB 2382

Senate Ways and Means

An Act protecting the commercial value of artists, entertainers, and other notable personalities

Referred to House Committee on Ways and Means – 07/26/2012

S.B. 2382 would create a right of publicity for a person’s life plus 70 years. The right of publicity would allow for actual damages for the unauthorized and knowing commercial use of a person’s name, image, or unique characteristics. The court may also award attorney’s fees and costs.

Michigan

Bill number

Michigan HB 4890

Sponsor

Thomas Hooker

Title

Libraries; policies and practices; installation of internet filter software on computers; require. Amends sec. 6 of 1982 PA 455

Status

printed bill filed 08/25/2011 – 09/07/2011

Summary

H.B. 4890 mandates that all libraries must install filtering software to block access to material harmful to minors. The library can only disable the software to allow bona fide medical research by medical personnel. It appears that the law would apply to Internet access for adults as well as minors.

Bill number

Sponsor

Title

Status

Summary

Michigan HB 4890

Thomas Hooker

Libraries; policies and practices; installation of internet filter software on computers; require. Amends sec. 6 of 1982 PA 455

printed bill filed 08/25/2011 – 09/07/2011

H.B. 4890 mandates that all libraries must install filtering software to block access to material harmful to minors. The library can only disable the software to allow bona fide medical research by medical personnel. It appears that the law would apply to Internet access for adults as well as minors.

Bill number

Michigan HB 5935

Sponsor

Dale W. Zorn

Title

Crimes; other; bullying and cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328

Status

printed bill filed 09/21/2012 – 09/25/2012

Summary

H.B. 5935 creates the crime of cyberbullying means to use electronic communication on at least two occasions to refer to another person by a derogatory or offensive name or label or disseminate false or misleading information with the intent to frighten, intimidate or harass.

 

Neither “frighten,” “intimidate” or “harass” are defined in this section or by reference to any other section. “Harass” is defined in the criminal code in the stalking sections.

 

There is no requirement that the subject of the electronic communication actually feel frightened, intimidated or harassed.

 

A violation of this section is subject to up to 93 days in jail, a fine of $1,000 or both. The court may also order anyone convicted of violating the section to undergo an evaluation by a mental health professional.

Bill number

Sponsor

Title

Status

Summary

Michigan HB 5935

Dale W. Zorn

Crimes; other; bullying and cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328

printed bill filed 09/21/2012 – 09/25/2012

H.B. 5935 creates the crime of cyberbullying means to use electronic communication on at least two occasions to refer to another person by a derogatory or offensive name or label or disseminate false or misleading information with the intent to frighten, intimidate or harass.

 

Neither “frighten,” “intimidate” or “harass” are defined in this section or by reference to any other section. “Harass” is defined in the criminal code in the stalking sections.

 

There is no requirement that the subject of the electronic communication actually feel frightened, intimidated or harassed.

 

A violation of this section is subject to up to 93 days in jail, a fine of $1,000 or both. The court may also order anyone convicted of violating the section to undergo an evaluation by a mental health professional.

Bill number

Michigan SB 358

Sponsor

Steven Bieda

Title

Crimes; animals; racketeering statute; include animal fighting as predicate offense. Amends sec. 159g of 1931 PA 328

Status

ASSIGNED PA 0351’12 WITH IMMEDIATE EFFECT – 12/27/2012

Summary

S.B. 353 would make non-germane changes to an existing law that defines as racketeering the committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit the crime of display or dissemination to a minor of material harmful to minors.

 

We will monitor this bill for possible changes.

Bill number

Sponsor

Title

Status

Summary

Michigan SB 358

Steven Bieda

Crimes; animals; racketeering statute; include animal fighting as predicate offense. Amends sec. 159g of 1931 PA 328

ASSIGNED PA 0351’12 WITH IMMEDIATE EFFECT – 12/27/2012

S.B. 353 would make non-germane changes to an existing law that defines as racketeering the committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit the crime of display or dissemination to a minor of material harmful to minors.

 

We will monitor this bill for possible changes.

Missouri

Bill number

Missouri HB 1897

Sponsor

Cox, Stanley

Title

Changes the laws regarding the criminal code

Status

Referred: Judiciary (H) – 03/21/2012

Summary

H.B. 1897 defines child pornography to include a digital or computer-generated image that is indistinguishable from a minor engaging in sexual conduct. The image is indistinguishable from an actual person if an ordinary person viewing the image would conclude that it was an actual minor. It also includes in the definition any image that includes an identifiable minor morphed with a picture of an adult engaged in sexual contact.

Bill number

Sponsor

Title

Status

Summary

Missouri HB 1897

Cox, Stanley

Changes the laws regarding the criminal code

Referred: Judiciary (H) – 03/21/2012

H.B. 1897 defines child pornography to include a digital or computer-generated image that is indistinguishable from a minor engaging in sexual conduct. The image is indistinguishable from an actual person if an ordinary person viewing the image would conclude that it was an actual minor. It also includes in the definition any image that includes an identifiable minor morphed with a picture of an adult engaged in sexual contact.

Mississippi

Bill number

Mississippi SB 2360

Sponsor

Wiggins

Title

Crimes; create offense of lewd and lascivious acts or obscene electronic communication regarding minors under 16.

Status

(H) Died In Committee – 04/03/2012

Summary

S.B. 2360 makes it unlawful for a person 21 or older to intentionally or knowingly transmit or send to a person 16 or younger any sexually oriented material by any Internet communication.

 

“Sexually oriented is any material that contains depictions or descriptions of actual or simulated masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.”


The bill was amended to apply solely to material that is obscene for adults.

Bill number

Sponsor

Title

Status

Summary

Mississippi SB 2360

Wiggins

Crimes; create offense of lewd and lascivious acts or obscene electronic communication regarding minors under 16.

(H) Died In Committee – 04/03/2012

S.B. 2360 makes it unlawful for a person 21 or older to intentionally or knowingly transmit or send to a person 16 or younger any sexually oriented material by any Internet communication.

 

“Sexually oriented is any material that contains depictions or descriptions of actual or simulated masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.”


The bill was amended to apply solely to material that is obscene for adults.

Nebraska

Bill number

Nebraska LB 948

Sponsor

Lambert

Title

Change provisions and a penalty relating to intimidation by telephone call

Status

Indefinitely postponed – 04/18/2012

Summary

LB 948 makes it illegal to contact another by electronic communication device and use indecent, lewd, lascivious, or obscene language or suggest any indecent, lewd, or lascivious act.

 

electronic communication device is defined as any device which, in its ordinary and intended use, transmits by electronic means writings, sounds, visual images, or data of any nature to another electronic communication device.

 

The present law bars such the use of such language solely on telephone calls.


The bill was pulled from the consent calendar by the sponsor.

Bill number

Sponsor

Title

Status

Summary

Nebraska LB 948

Lambert

Change provisions and a penalty relating to intimidation by telephone call

Indefinitely postponed – 04/18/2012

LB 948 makes it illegal to contact another by electronic communication device and use indecent, lewd, lascivious, or obscene language or suggest any indecent, lewd, or lascivious act.

 

electronic communication device is defined as any device which, in its ordinary and intended use, transmits by electronic means writings, sounds, visual images, or data of any nature to another electronic communication device.

 

The present law bars such the use of such language solely on telephone calls.


The bill was pulled from the consent calendar by the sponsor.

New Hampshire

Bill number

New Hampshire SB 175

Sponsor

Odell

Title

Regulating the commercial use of a person’s identity.

Status

S Notwithstanding the Governors Veto, Shall SB 175 Become Law: RC 13Y-10N, Veto Sustained, lacking the necessary two-thirds vote – 06/27/2012

Summary

This bill would give individuals the right of publicity in the commercial use of their name, professional name, nickname, signature, image, likeness, voice or other attribute used to recognize the person. The right lasts for the life of the person plus 70 years.

 

The right does not apply to the use of a person’s identity in informational or expressive works in any medium as long as the work isn’t, in and of itself, a commercial advertisement including:

(a) A news, public affairs, public interest, or sports broadcast or account.

(b) A play, book, story, graphic novel, article, editorial, commentary, or other similar written or theatrical work.

(c) A speech.

(d) A musical composition or musical lyrics.

(e) A radio program, sound recording, or other similar audio work.

(f) A documentary, motion picture, television program, or other similar audiovisual work.

(g) An original work of art.

(h) Any work used in connection with any political campaign.

Bill number

Sponsor

Title

Status

Summary

New Hampshire SB 175

Odell

Regulating the commercial use of a person’s identity.

S Notwithstanding the Governors Veto, Shall SB 175 Become Law: RC 13Y-10N, Veto Sustained, lacking the necessary two-thirds vote – 06/27/2012

This bill would give individuals the right of publicity in the commercial use of their name, professional name, nickname, signature, image, likeness, voice or other attribute used to recognize the person. The right lasts for the life of the person plus 70 years.

 

The right does not apply to the use of a person’s identity in informational or expressive works in any medium as long as the work isn’t, in and of itself, a commercial advertisement including:

(a) A news, public affairs, public interest, or sports broadcast or account.

(b) A play, book, story, graphic novel, article, editorial, commentary, or other similar written or theatrical work.

(c) A speech.

(d) A musical composition or musical lyrics.

(e) A radio program, sound recording, or other similar audio work.

(f) A documentary, motion picture, television program, or other similar audiovisual work.

(g) An original work of art.

(h) Any work used in connection with any political campaign.

New Jersey

Bill number

New Jersey A 154

Sponsor

Peterson, Erik

Title

Concerning child pornography and amending various parts of the statutory law.

Status

Introduced, Referred to Assembly Judiciary Committee – 01/10/2012

Summary

A.B. 154 for the purpose of defining child pornography any image which depicts the face of a minor is a minor. It would also treat any image of a person that is depicted as or presents the appearance of being an actual child shall be rebuttably presumed to be an actual child.

 

The legislation would also impose strict liability for creation, possession or distribution of virtual child pornography if the material is found to be obscene.

Bill number

Sponsor

Title

Status

Summary

New Jersey A 154

Peterson, Erik

Concerning child pornography and amending various parts of the statutory law.

Introduced, Referred to Assembly Judiciary Committee – 01/10/2012

A.B. 154 for the purpose of defining child pornography any image which depicts the face of a minor is a minor. It would also treat any image of a person that is depicted as or presents the appearance of being an actual child shall be rebuttably presumed to be an actual child.

 

The legislation would also impose strict liability for creation, possession or distribution of virtual child pornography if the material is found to be obscene.

Bill number

New Jersey A 3144

Sponsor

Ciattarelli, Jack M.

Title

Establishing the offense of advertising commercial sexual abuse of a minor, supplementing chapter 13 of Title 2C of the New Jersey Statutes, and amending P.L.1994, c.133.

Status

Introduced, Referred to Assembly Law and Public Safety Committee – 06/25/2012

Summary

A.B. 3144 creates the offense of advertising commercial sexual abuse of a minor if the person knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act which includes the depiction of a minor. The advertisement may be explicit or implicit solicitation.

 

It is not a defense to the charge that the defendant did not know the age of the person depicted unless the defendant made a a bona fide effort to determine his or her age.

Bill number

Sponsor

Title

Status

Summary

New Jersey A 3144

Ciattarelli, Jack M.

Establishing the offense of advertising commercial sexual abuse of a minor, supplementing chapter 13 of Title 2C of the New Jersey Statutes, and amending P.L.1994, c.133.

Introduced, Referred to Assembly Law and Public Safety Committee – 06/25/2012

A.B. 3144 creates the offense of advertising commercial sexual abuse of a minor if the person knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act which includes the depiction of a minor. The advertisement may be explicit or implicit solicitation.

 

It is not a defense to the charge that the defendant did not know the age of the person depicted unless the defendant made a a bona fide effort to determine his or her age.

Bill number

New Jersey S 357

Sponsor

Beach, James

Title

Concerning permissive inferences related to sex offenses against minors and amending P.L.1993, c.291 and N.J.S.2C:24-4.

Status

Introduced in the Senate, Referred to Senate Judiciary Committee – 01/10/2012

Summary

S.B. 357 creates a permissive inference that a defendant acted with an intent to commit an offense with or against a minor if the person:

1. transmitted by any means to a minor, or anyone he or she believed to be a minor, any material that “emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interest” does so with the intent to commit a criminal offense with or against a minor;

2. Violates the “obscenity for minors” law;

3. Any drawings, cartoons or graphic art material depicting what appears to be a minor engaged in sexual conduct.

4. Any direct or indirect discussion of sexual activity, sexual anatomy or provided sexual information;

5. Was older than 25 and lied about their age when communicating electronically.

 

The “obscenity for minors” law is unconstitutional in that it does not include any of the prongs required by Miller/Ginsberg.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 357

Beach, James

Concerning permissive inferences related to sex offenses against minors and amending P.L.1993, c.291 and N.J.S.2C:24-4.

Introduced in the Senate, Referred to Senate Judiciary Committee – 01/10/2012

S.B. 357 creates a permissive inference that a defendant acted with an intent to commit an offense with or against a minor if the person:

1. transmitted by any means to a minor, or anyone he or she believed to be a minor, any material that “emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interest” does so with the intent to commit a criminal offense with or against a minor;

2. Violates the “obscenity for minors” law;

3. Any drawings, cartoons or graphic art material depicting what appears to be a minor engaged in sexual conduct.

4. Any direct or indirect discussion of sexual activity, sexual anatomy or provided sexual information;

5. Was older than 25 and lied about their age when communicating electronically.

 

The “obscenity for minors” law is unconstitutional in that it does not include any of the prongs required by Miller/Ginsberg.

Bill number

New Jersey S 358

Sponsor

Beach, James

Title

Concerning criminal prohibitions against sexually suggestive communications made to a minor and supplementing 2C of the New Jersey Statutes.

Status

Introduced in the Senate, Referred to Senate Judiciary Committee – 01/10/2012

Summary

S.B. 358 creates a permissive inference that anyone who uses electronic means to promote “obscenity for minors” does so with the intent to commit a crime that would deem one a sex offender.

 

The “obscene for minors” law is unconstitutional in that it does not include any of the prongs required by Miller/Ginsberg.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 358

Beach, James

Concerning criminal prohibitions against sexually suggestive communications made to a minor and supplementing 2C of the New Jersey Statutes.

Introduced in the Senate, Referred to Senate Judiciary Committee – 01/10/2012

S.B. 358 creates a permissive inference that anyone who uses electronic means to promote “obscenity for minors” does so with the intent to commit a crime that would deem one a sex offender.

 

The “obscene for minors” law is unconstitutional in that it does not include any of the prongs required by Miller/Ginsberg.

Bill number

New Jersey S 1138

Sponsor

Allen, Diane B.

Title

Concerning child pornography and amending various parts of the statutory law.

Status

Introduced in the Senate, Referred to Senate Judiciary Committee – 01/23/2012

Summary

S.B. 1138 for the purpose of defining child pornography any image which depicts the face of a minor is a minor. It would also treat any image of a person that is depicted as or presents the appearance of being an actual child shall be rebuttably presumed to be an actual child.

 

The legislation would also impose strict liability for creation, possession or distribution of virtual child pornography if the material is found to be obscene.

 

Companion to A.B. 154.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 1138

Allen, Diane B.

Concerning child pornography and amending various parts of the statutory law.

Introduced in the Senate, Referred to Senate Judiciary Committee – 01/23/2012

S.B. 1138 for the purpose of defining child pornography any image which depicts the face of a minor is a minor. It would also treat any image of a person that is depicted as or presents the appearance of being an actual child shall be rebuttably presumed to be an actual child.

 

The legislation would also impose strict liability for creation, possession or distribution of virtual child pornography if the material is found to be obscene.

 

Companion to A.B. 154.

Bill number

New Jersey S 1643

Sponsor

Bucco, Anthony R.

Title

Concerning the communication of obscene material and amending N.J.S.2C:34-4.

Status

Introduced in the Senate, Referred to Senate Law and Public Safety Committee – 02/16/2012

Summary

S.B. 1643 makes it illegal to display material “obscene for minors” in or on one’s motor vehicle.

 

The “obscene for minors” law is New Jersey’s unconstitutional law restricting sale or display of sexual material. The existing law does not include and of the three prongs of Miller/Ginsberg.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 1643

Bucco, Anthony R.

Concerning the communication of obscene material and amending N.J.S.2C:34-4.

Introduced in the Senate, Referred to Senate Law and Public Safety Committee – 02/16/2012

S.B. 1643 makes it illegal to display material “obscene for minors” in or on one’s motor vehicle.

 

The “obscene for minors” law is New Jersey’s unconstitutional law restricting sale or display of sexual material. The existing law does not include and of the three prongs of Miller/Ginsberg.

Bill number

New Jersey S 2021

Sponsor

Bateman, Christopher

Title

Establishing the offense of advertising commercial sexual abuse of a minor, supplementing chapter 13 of Title 2C of the New Jersey Statutes, and amending P.L.1994, c.133.

Status

Introduced in the Senate, Referred to Senate Law and Public Safety Committee – 05/31/2012

Summary

S.B. 2021 creates the offense of advertising commercial sexual abuse of a minor if the person knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act which includes the depiction of a minor. The advertisement may be explicit or implicit solicitation.

 

It is not a defense to the charge that the defendant did not know the age of the person depicted unless the defendant made a a bona fide effort to determine his or her age.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 2021

Bateman, Christopher

Establishing the offense of advertising commercial sexual abuse of a minor, supplementing chapter 13 of Title 2C of the New Jersey Statutes, and amending P.L.1994, c.133.

Introduced in the Senate, Referred to Senate Law and Public Safety Committee – 05/31/2012

S.B. 2021 creates the offense of advertising commercial sexual abuse of a minor if the person knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act which includes the depiction of a minor. The advertisement may be explicit or implicit solicitation.

 

It is not a defense to the charge that the defendant did not know the age of the person depicted unless the defendant made a a bona fide effort to determine his or her age.

New York

Bill number

New York AB 290

Sponsor

Ortiz

Title

AN ACT to amend the general business law, in relation to establishing a two dollar surcharge on sexually oriented media; and to amend the state finance law, in

Status

held for consideration in economic development – 05/15/2012

Summary

This bill has been introduced in each legislative session for the last few years. It would impose a $2 surcharge on any magazine, video, DVD or Internet download sold in the state that includes “nudity” in its content.

 

“Nudity” is defined as entirely unclothed or when the breast of a female or the genitals or buttocks of either sex are less than opaquely covered.

 

The seller is required to remit the money to the state for deposit in the Crime Victims Fund.

Bill number

Sponsor

Title

Status

Summary

New York AB 290

Ortiz

AN ACT to amend the general business law, in relation to establishing a two dollar surcharge on sexually oriented media; and to amend the state finance law, in

held for consideration in economic development – 05/15/2012

This bill has been introduced in each legislative session for the last few years. It would impose a $2 surcharge on any magazine, video, DVD or Internet download sold in the state that includes “nudity” in its content.

 

“Nudity” is defined as entirely unclothed or when the breast of a female or the genitals or buttocks of either sex are less than opaquely covered.

 

The seller is required to remit the money to the state for deposit in the Crime Victims Fund.

Bill number

New York AB 504

Sponsor

Wright

Title

AN ACT to amend the general business law, in relation to prohibiting sale of certain video games to minors

Status

referred to consumer affairs and protection – 01/04/2012

Summary

This bill would bar the sale or rental of video games to anyone less than 18 years old that has a “mature” or “violent” rating. Such games may contain, but are not limited to, depictions that advocate or glamorize violent crime, suicide, sodomy, rape, incest, bestiality, sado-masochism, sexual activity in a violent context, or advocating or encouraging murder, violent racism, religious violence, morbid violence or the illegal use of drugs or alcohol.

 

Any retailer that carries video games with such content (or carries that rating) must store and display the games in an area that restricts access to those 18 or older.

 

“Rating” is defined as “any standard designation commonly used to inform parents about video games regarding listening and viewing by their children.”

Bill number

Sponsor

Title

Status

Summary

New York AB 504

Wright

AN ACT to amend the general business law, in relation to prohibiting sale of certain video games to minors

referred to consumer affairs and protection – 01/04/2012

This bill would bar the sale or rental of video games to anyone less than 18 years old that has a “mature” or “violent” rating. Such games may contain, but are not limited to, depictions that advocate or glamorize violent crime, suicide, sodomy, rape, incest, bestiality, sado-masochism, sexual activity in a violent context, or advocating or encouraging murder, violent racism, religious violence, morbid violence or the illegal use of drugs or alcohol.

 

Any retailer that carries video games with such content (or carries that rating) must store and display the games in an area that restricts access to those 18 or older.

 

“Rating” is defined as “any standard designation commonly used to inform parents about video games regarding listening and viewing by their children.”

Bill number

New York AB 1099

Sponsor

Kolb (MS)

Title

AN ACT to amend the general business law, in relation to prohibiting sale of certain video games to minors

Status

enacting clause stricken – 02/01/2012

Summary

This bill would bar the sale or rental of video games to anyone less than 18 years old that has a “mature” or “violent” rating. Such games may contain, but are not limited to, depictions that advocate or glamorize violent crime, suicide, sodomy, rape, incest, bestiality, sado-masochism, sexual activity in a violent context, or advocating or encouraging murder, violent racism, religious violence, morbid violence or the illegal use of drugs or alcohol.

 

Any Manufacturer of such a video game shall affix a warning label to the front of the outside packaging if it is intended for sale in the state and any retailer offering any video game with such content for rental or resale must affix such a warning label in the same fashion for any game intended for rental or resale. The warning label must read: “18+ WARNING, SALE OR RENTAL TO ADULTS ONLY. MAY CONTAIN EXPLICIT DEPICTIONS DESCRIPTIVE OF OR ADVOCATING ONE OR MORE OF THE FOLLOWING: COMMISSION OF A VIOLENT CRIME, SUICIDE, SODOMY, RAPE, INCEST, BESTIALITY, VIOLENT RACISM, RELIGIOUS VIOLENCE, SADO-MASOCHISM, SEXUAL ASSAULT, SEXUAL ACTIVITY, MURDER, MORBID VIOLENCE, ILLEGAL USE OF DRUGS OR ALCOHOL, PARENTAL ADVISORY.”

 

The label must also say in larger type, “18+ WARNING” and “SALE OR RENTAL TO ADULTS ONLY”. The label shall not be readily removable.

 

Video games subject to the labeling regime still must carry the ESRB rating given to the video game. Any retailer that carries video games with such content (or carries that rating) must keep the games in a sealed locked container, behind a counter in an area of the store that is inaccesible to those less than 18.

 

Any retailer that carries a video game with such content must have the game available in the store so that it can be previewed prior to purchase or rental.

Bill number

Sponsor

Title

Status

Summary

New York AB 1099

Kolb (MS)

AN ACT to amend the general business law, in relation to prohibiting sale of certain video games to minors

enacting clause stricken – 02/01/2012

This bill would bar the sale or rental of video games to anyone less than 18 years old that has a “mature” or “violent” rating. Such games may contain, but are not limited to, depictions that advocate or glamorize violent crime, suicide, sodomy, rape, incest, bestiality, sado-masochism, sexual activity in a violent context, or advocating or encouraging murder, violent racism, religious violence, morbid violence or the illegal use of drugs or alcohol.

 

Any Manufacturer of such a video game shall affix a warning label to the front of the outside packaging if it is intended for sale in the state and any retailer offering any video game with such content for rental or resale must affix such a warning label in the same fashion for any game intended for rental or resale. The warning label must read: “18+ WARNING, SALE OR RENTAL TO ADULTS ONLY. MAY CONTAIN EXPLICIT DEPICTIONS DESCRIPTIVE OF OR ADVOCATING ONE OR MORE OF THE FOLLOWING: COMMISSION OF A VIOLENT CRIME, SUICIDE, SODOMY, RAPE, INCEST, BESTIALITY, VIOLENT RACISM, RELIGIOUS VIOLENCE, SADO-MASOCHISM, SEXUAL ASSAULT, SEXUAL ACTIVITY, MURDER, MORBID VIOLENCE, ILLEGAL USE OF DRUGS OR ALCOHOL, PARENTAL ADVISORY.”

 

The label must also say in larger type, “18+ WARNING” and “SALE OR RENTAL TO ADULTS ONLY”. The label shall not be readily removable.

 

Video games subject to the labeling regime still must carry the ESRB rating given to the video game. Any retailer that carries video games with such content (or carries that rating) must keep the games in a sealed locked container, behind a counter in an area of the store that is inaccesible to those less than 18.

 

Any retailer that carries a video game with such content must have the game available in the store so that it can be previewed prior to purchase or rental.

Bill number

New York AB 1560

Sponsor

Ortiz

Title

AN ACT to amend the penal law, in relation to the crime of display of sexual material in a vehicle

Status

referred to codes – 01/04/2012

Summary

The bill would bar the display of any sexually explicit video on a television screen in a motor vehicle if the vehicle is in a public place a person outside of the vehicle can see the video. The vehicle does not need to be in motion. “Sexually explicit” is not defined in the bill.

Bill number

Sponsor

Title

Status

Summary

New York AB 1560

Ortiz

AN ACT to amend the penal law, in relation to the crime of display of sexual material in a vehicle

referred to codes – 01/04/2012

The bill would bar the display of any sexually explicit video on a television screen in a motor vehicle if the vehicle is in a public place a person outside of the vehicle can see the video. The vehicle does not need to be in motion. “Sexually explicit” is not defined in the bill.

Bill number

New York AB 1631

Sponsor

Tedisco (MS)

Title

AN ACT to amend the civil practice law and rules, in relation to extending forfeiture provisions to crimes of obscenity

Status

held for consideration in codes – 03/27/2012

Summary

This bill allows for forfeiture of property pursuant to misdemeanor, as well as felony, convictions under New York’s obscenity and harmful to minors laws.

Bill number

Sponsor

Title

Status

Summary

New York AB 1631

Tedisco (MS)

AN ACT to amend the civil practice law and rules, in relation to extending forfeiture provisions to crimes of obscenity

held for consideration in codes – 03/27/2012

This bill allows for forfeiture of property pursuant to misdemeanor, as well as felony, convictions under New York’s obscenity and harmful to minors laws.

Bill number

New York AB 1990

Sponsor

Schroeder (MS)

Title

AN ACT to amend the penal law and the criminal procedure law, in relation to computer crimes and obscenities

Status

referred to codes – 01/12/2011

Summary

Assembly Bill 1990 would make it a felony to use encryption to conceal or protect the idenitity of a person who has committed a felony.

 

This could include a reporter who uses encryption to protect a source if the source has committed a felony.

Bill number

Sponsor

Title

Status

Summary

New York AB 1990

Schroeder (MS)

AN ACT to amend the penal law and the criminal procedure law, in relation to computer crimes and obscenities

referred to codes – 01/12/2011

Assembly Bill 1990 would make it a felony to use encryption to conceal or protect the idenitity of a person who has committed a felony.

 

This could include a reporter who uses encryption to protect a source if the source has committed a felony.

Bill number

New York AB 2171

Sponsor

Ortiz (MS)

Title

AN ACT to amend the criminal procedure law, the correction law, the penal law, the arts and cultural affairs law, the general business law, the labor law and th

Status

held for consideration in codes – 06/05/2012

Summary

A.B. 2171 makes it illegal to use the Internet or other electronic means of communication to initiate or engage in communication of material harmful to minors to a minor.

 

There is an affirmative defense if the person disseminating such material required a credit card, adult access code, or adult personal identification number to access it.

 

It is also an affirmative defense that the person disseminating such material encodes or labels it in such a way that it would be automatically blocked by filtering software.

 

It also makes it a crime to use encryption to conceal or protect the identity of any person who has committed a crime.

Bill number

Sponsor

Title

Status

Summary

New York AB 2171

Ortiz (MS)

AN ACT to amend the criminal procedure law, the correction law, the penal law, the arts and cultural affairs law, the general business law, the labor law and th

held for consideration in codes – 06/05/2012

A.B. 2171 makes it illegal to use the Internet or other electronic means of communication to initiate or engage in communication of material harmful to minors to a minor.

 

There is an affirmative defense if the person disseminating such material required a credit card, adult access code, or adult personal identification number to access it.

 

It is also an affirmative defense that the person disseminating such material encodes or labels it in such a way that it would be automatically blocked by filtering software.

 

It also makes it a crime to use encryption to conceal or protect the identity of any person who has committed a crime.

Bill number

New York AB 2438

Sponsor

Englebright

Title

AN ACT to amend the general business law, in relation to requiring epilepsy warnings on video games

Status

referred to consumer affairs and protection – 01/04/2012

Summary

This legislation would require any retailer of video games must display a sign or poster reading:

 

“EPILEPSY WARNING – READ BEFORE USING YOUR VIDEO GAME SYSTEM MEDICAL RESEARCH INDICATES A SMALL PERCENTAGE OF THE POPULATION MAY EXPERIENCE EPILEPTIC SEIZURES OR SEIZURE-LIKE SYMPTOMS WHEN EXPOSED TO CERTAIN STIMULI, INCLUDING, WITHOUT LIMITATION, LIGHT PATTERNS, FLASHING LIGHTS OR CERTAIN PATTERNS OF BACKGROUNDS ON A TELEVISION SCREEN OR VIDEO MONITOR. EXPOSURE TO THESE STIMULI WHILE PLAYING VIDEO GAMES MAY INDUCE AN EPILEPTIC SEIZURE OR SEIZURE-LIKE SYMPTOMS IN THESE INDIVIDUALS. CERTAIN CONDITIONS MAY INDUCE UNDETECTED EPILEPTIC SYMPTOMS EVEN IN PERSONS WHO HAVE NO PRIOR HISTORY OF SEIZURES OR EPILEPSY. IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING A VIDEO GAME — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT OR CONVULSIONS — IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE PLAY.”

Bill number

Sponsor

Title

Status

Summary

New York AB 2438

Englebright

AN ACT to amend the general business law, in relation to requiring epilepsy warnings on video games

referred to consumer affairs and protection – 01/04/2012

This legislation would require any retailer of video games must display a sign or poster reading:

 

“EPILEPSY WARNING – READ BEFORE USING YOUR VIDEO GAME SYSTEM MEDICAL RESEARCH INDICATES A SMALL PERCENTAGE OF THE POPULATION MAY EXPERIENCE EPILEPTIC SEIZURES OR SEIZURE-LIKE SYMPTOMS WHEN EXPOSED TO CERTAIN STIMULI, INCLUDING, WITHOUT LIMITATION, LIGHT PATTERNS, FLASHING LIGHTS OR CERTAIN PATTERNS OF BACKGROUNDS ON A TELEVISION SCREEN OR VIDEO MONITOR. EXPOSURE TO THESE STIMULI WHILE PLAYING VIDEO GAMES MAY INDUCE AN EPILEPTIC SEIZURE OR SEIZURE-LIKE SYMPTOMS IN THESE INDIVIDUALS. CERTAIN CONDITIONS MAY INDUCE UNDETECTED EPILEPTIC SYMPTOMS EVEN IN PERSONS WHO HAVE NO PRIOR HISTORY OF SEIZURES OR EPILEPSY. IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING A VIDEO GAME — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT OR CONVULSIONS — IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE PLAY.”

Bill number

New York AB 2906

Sponsor

Gabryszak (MS)

Title

AN ACT to amend the penal law, in relation to disseminating indecent material to minors in the first degree, promoting and possessing an obscene sexual performan

Status

referred to codes – 01/04/2012

Summary

This bill would amend the law struck down in ALA v. Pataki to include dissemination of material harmful to minors by telephonic or electronic communication to a minor. It would also make such dissemination if it was to a police officer the sender reasonably believed to be a minor.

Bill number

Sponsor

Title

Status

Summary

New York AB 2906

Gabryszak (MS)

AN ACT to amend the penal law, in relation to disseminating indecent material to minors in the first degree, promoting and possessing an obscene sexual performan

referred to codes – 01/04/2012

This bill would amend the law struck down in ALA v. Pataki to include dissemination of material harmful to minors by telephonic or electronic communication to a minor. It would also make such dissemination if it was to a police officer the sender reasonably believed to be a minor.

Bill number

New York AB 4271

Sponsor

Ortiz (MS)

Title

AN ACT to amend the penal law, in relation to prohibiting the display of pornographic magazines or materials by street vendors in cities of one million or more

Status

referred to codes – 01/04/2012

Summary

This bill would ban street vendors in New York City to display any material that show sexual intercourse or acts of sexual perversion. Acts of sexual perversion is not defined.

 

The law would not apply to bona fide medical materials.

Bill number

Sponsor

Title

Status

Summary

New York AB 4271

Ortiz (MS)

AN ACT to amend the penal law, in relation to prohibiting the display of pornographic magazines or materials by street vendors in cities of one million or more

referred to codes – 01/04/2012

This bill would ban street vendors in New York City to display any material that show sexual intercourse or acts of sexual perversion. Acts of sexual perversion is not defined.

 

The law would not apply to bona fide medical materials.

Bill number

New York AB 4354

Sponsor

Gabryszak (MS)

Title

AN ACT to amend the general business law, in relation to prohibiting adult book stores within a one thousand foot radius of schools

Status

referred to economic development – 01/04/2012

Summary

AB 4354 would bar adult bookstores from being located within 1000 feet of a elementary or secondary school.

 

An adult bookstore is defined as a retailer that has as substantial portion of its stock and trade sells material that emphasizes descriptions or depictions of sexual activity or specified nudity.

 

Substantial portion of stock in such materials will be judged with respect to retail space, storage space, and accessibility of such material to the customer.

Bill number

Sponsor

Title

Status

Summary

New York AB 4354

Gabryszak (MS)

AN ACT to amend the general business law, in relation to prohibiting adult book stores within a one thousand foot radius of schools

referred to economic development – 01/04/2012

AB 4354 would bar adult bookstores from being located within 1000 feet of a elementary or secondary school.

 

An adult bookstore is defined as a retailer that has as substantial portion of its stock and trade sells material that emphasizes descriptions or depictions of sexual activity or specified nudity.

 

Substantial portion of stock in such materials will be judged with respect to retail space, storage space, and accessibility of such material to the customer.

Bill number

New York AB 5112

Sponsor

Oaks (MS)

Title

AN ACT to amend the general business law, in relation to second hand video games

Status

held for consideration in economic development – 05/01/2012

Summary

This bill requires retailers who buy and sell used video games to keep records of what and when games were bought, from whom, and how much was paid for it.

Bill number

Sponsor

Title

Status

Summary

New York AB 5112

Oaks (MS)

AN ACT to amend the general business law, in relation to second hand video games

held for consideration in economic development – 05/01/2012

This bill requires retailers who buy and sell used video games to keep records of what and when games were bought, from whom, and how much was paid for it.

Bill number

New York AB 6171

Sponsor

Weprin

Title

AN ACT to amend the penal law, in relation to establishing the offense of public display of a blurred sexual advertisement

Status

referred to codes – 01/04/2012

Summary

AB 6171 bars any the display of any visual adult entertainment advertisement that depicts a human body without revealing the entire face of such person.

 

“Adult entertainment advertisement” is defined as an advertisement for any business that is sex-related including, but not limited to any: (I) strip club or gentleman’s club; (II) Website, Internet business, magazine, newspaper or other publication or movie, DVD, or video with “pornographic content;” (III) adult phone or chat line; or (IV) adult personal advertisement business (which is not defined).

 

“Pornographic content” is defined as any still or movie showing acts of sexual intercourse or of sexual perversion. It does not include bona fide medical photographs or films.

Bill number

Sponsor

Title

Status

Summary

New York AB 6171

Weprin

AN ACT to amend the penal law, in relation to establishing the offense of public display of a blurred sexual advertisement

referred to codes – 01/04/2012

AB 6171 bars any the display of any visual adult entertainment advertisement that depicts a human body without revealing the entire face of such person.

 

“Adult entertainment advertisement” is defined as an advertisement for any business that is sex-related including, but not limited to any: (I) strip club or gentleman’s club; (II) Website, Internet business, magazine, newspaper or other publication or movie, DVD, or video with “pornographic content;” (III) adult phone or chat line; or (IV) adult personal advertisement business (which is not defined).

 

“Pornographic content” is defined as any still or movie showing acts of sexual intercourse or of sexual perversion. It does not include bona fide medical photographs or films.

Bill number

New York AB 6437

Sponsor

Moya

Title

AN ACT to amend the penal law, in relation to distribution and dissemination of obscene material

Status

referred to codes – 01/04/2012

Summary

AB 6437 would broaden the definition of obscenity to include any material that depicts or describes nudity or the lewd exhibition of the pubic area, buttocks or female breasts and otherwise meet the Miller test.

 

Presently, the law is limited depictions or descriptions to actual or simulated sexual acts, sexual bestiality, masturbation, sadism, masochism, and excretion.

 

The bill would also change the crime from “promoting” obscenity to “promoting,” “distributing,” or “disseminating” obscenity.

 

The bill is a companion to SB 3743

Bill number

Sponsor

Title

Status

Summary

New York AB 6437

Moya

AN ACT to amend the penal law, in relation to distribution and dissemination of obscene material

referred to codes – 01/04/2012

AB 6437 would broaden the definition of obscenity to include any material that depicts or describes nudity or the lewd exhibition of the pubic area, buttocks or female breasts and otherwise meet the Miller test.

 

Presently, the law is limited depictions or descriptions to actual or simulated sexual acts, sexual bestiality, masturbation, sadism, masochism, and excretion.

 

The bill would also change the crime from “promoting” obscenity to “promoting,” “distributing,” or “disseminating” obscenity.

 

The bill is a companion to SB 3743

Bill number

New York AB 6776

Sponsor

Lentol

Title

AN ACT to amend the penal law, the criminal procedure law, the vehicle and traffic law, the estates, powers and trusts law, the executive law and the social ser

Status

referred to codes – 01/04/2012

Summary

This a long bill to be cited as the “child protection act of 2011.” It has a number of different provisions. One section would amend the definition of “Child Abuse Offense” to include dissemination of material harmful to minors to a minor.

Bill number

Sponsor

Title

Status

Summary

New York AB 6776

Lentol

AN ACT to amend the penal law, the criminal procedure law, the vehicle and traffic law, the estates, powers and trusts law, the executive law and the social ser

referred to codes – 01/04/2012

This a long bill to be cited as the “child protection act of 2011.” It has a number of different provisions. One section would amend the definition of “Child Abuse Offense” to include dissemination of material harmful to minors to a minor.

Bill number

New York AB 7468

Sponsor

Lancman

Title

AN ACT to amend the penal law and the civil rights law, in relation to enacting the “free speech protection act”

Status

referred to codes – 01/04/2012

Summary

AB 7468 bars anyone from the use of force or threat, physical obstruction, intimidation or to interfere to prevent or attempt to prevent another person from exercising their free speech rights rights as defined by the First Amendment and Section 8 of Article 1 of the New York Constitution.

 

The bill provides for civil damages, injunctive relief or other appropriate remedies in law or equity. The court may also award legal fees.

Bill number

Sponsor

Title

Status

Summary

New York AB 7468

Lancman

AN ACT to amend the penal law and the civil rights law, in relation to enacting the “free speech protection act”

referred to codes – 01/04/2012

AB 7468 bars anyone from the use of force or threat, physical obstruction, intimidation or to interfere to prevent or attempt to prevent another person from exercising their free speech rights rights as defined by the First Amendment and Section 8 of Article 1 of the New York Constitution.

 

The bill provides for civil damages, injunctive relief or other appropriate remedies in law or equity. The court may also award legal fees.

Bill number

New York AB 8026

Sponsor

Moya

Title

AN ACT to amend the penal law, in relation to the crime of promoting prostitution in the fourth degree

Status

SIGNED CHAP.215 – 07/20/2011

Summary

AB 8026 would make it illegal to distribute material that depicts nudity to 10 or more people with the intent to advance or profit from prostitution. It is a companion bill to SB 5623.

Bill number

Sponsor

Title

Status

Summary

New York AB 8026

Moya

AN ACT to amend the penal law, in relation to the crime of promoting prostitution in the fourth degree

SIGNED CHAP.215 – 07/20/2011

AB 8026 would make it illegal to distribute material that depicts nudity to 10 or more people with the intent to advance or profit from prostitution. It is a companion bill to SB 5623.

Bill number

New York AB 8688

Sponsor

Murray (MS)

Title

AN ACT to amend the civil rights law, in relation to enacting the Internet Protection Act to protect a person’s right to know who is behind an anonymous interne

Status

print number 8688a – 07/23/2012

Summary

A.B. 8688 requires any website administrator to remove any comment on his or her website if made by an anonymous poster unless the anonymous poster adds his or her name to the post and confirms that his or her name, IP address, and home address are are correct.

 

This bill is a companion to S.B. 6779

Bill number

Sponsor

Title

Status

Summary

New York AB 8688

Murray (MS)

AN ACT to amend the civil rights law, in relation to enacting the Internet Protection Act to protect a person’s right to know who is behind an anonymous interne

print number 8688a – 07/23/2012

A.B. 8688 requires any website administrator to remove any comment on his or her website if made by an anonymous poster unless the anonymous poster adds his or her name to the post and confirms that his or her name, IP address, and home address are are correct.

 

This bill is a companion to S.B. 6779

Bill number

New York AB 8895

Sponsor

Corwin

Title

AN ACT to amend the education law, in relation to prohibiting cyber-bullying

Status

enacting clause stricken – 05/08/2012

Summary

NY AB 8895 would criminalize as “cyber-bullying” a course of conduct or repeated acts or “abusive behavior” over a period of time by communicating electronically or over the Internet or through a computer network.

 

“Abusive behavior” includes, but is not limited to, taunting; insulting; humiliating; disseminating either actual or modified photos that are embarrassing or sexually explicit; disseminating factual or false private, personal or sexual information of a minor; or sending hate mail.

 

The legislation states specifically that it is illegal to engage in cyber-bullying against an adult or a minor.

 

The legislation would apply to businesses and corporations.

Bill number

Sponsor

Title

Status

Summary

New York AB 8895

Corwin

AN ACT to amend the education law, in relation to prohibiting cyber-bullying

enacting clause stricken – 05/08/2012

NY AB 8895 would criminalize as “cyber-bullying” a course of conduct or repeated acts or “abusive behavior” over a period of time by communicating electronically or over the Internet or through a computer network.

 

“Abusive behavior” includes, but is not limited to, taunting; insulting; humiliating; disseminating either actual or modified photos that are embarrassing or sexually explicit; disseminating factual or false private, personal or sexual information of a minor; or sending hate mail.

 

The legislation states specifically that it is illegal to engage in cyber-bullying against an adult or a minor.

 

The legislation would apply to businesses and corporations.

Bill number

New York SB 692

Sponsor

KLEIN

Title

AN ACT to amend the penal law, in relation to the crime of display of sexual material in a vehicle

Status

REFERRED TO CODES – 01/04/2012

Summary

The bill would bar the display of any sexually explicit video on a television screen in a motor vehicle if the vehicle is in a public place a person outside of the vehicle can see the video. The vehicle does not need to be in motion. “Sexually explicit” is not defined in the bill.

Bill number

Sponsor

Title

Status

Summary

New York SB 692

KLEIN

AN ACT to amend the penal law, in relation to the crime of display of sexual material in a vehicle

REFERRED TO CODES – 01/04/2012

The bill would bar the display of any sexually explicit video on a television screen in a motor vehicle if the vehicle is in a public place a person outside of the vehicle can see the video. The vehicle does not need to be in motion. “Sexually explicit” is not defined in the bill.

Bill number

New York SB 2108

Sponsor

KRUGER

Title

AN ACT to amend the general business law, in relation to prohibiting the sale or rental of indecent material near a school or place of worship

Status

REFERRED TO CONSUMER PROTECTION – 01/18/2011

Summary

S.B. 2108 would make it unlawful to sell or rent material harmful to minors within 200 feet of any public or private school or place of worship.

Bill number

Sponsor

Title

Status

Summary

New York SB 2108

KRUGER

AN ACT to amend the general business law, in relation to prohibiting the sale or rental of indecent material near a school or place of worship

REFERRED TO CONSUMER PROTECTION – 01/18/2011

S.B. 2108 would make it unlawful to sell or rent material harmful to minors within 200 feet of any public or private school or place of worship.

Bill number

New York SB 2327

Sponsor

LAVALLE

Title

AN ACT to amend the general business law, in relation to requiring epilepsy warnings on video games

Status

REFERRED TO CONSUMER PROTECTION – 01/04/2012

Summary

This bill is a companion to A.B. 2438. It would require any retailer of video games to display a sign or poster reading:

 

“EPILEPSY WARNING – READ BEFORE USING YOUR VIDEO GAME SYSTEM MEDICAL RESEARCH INDICATES A SMALL PERCENTAGE OF THE POPULATION MAY EXPERIENCE EPILEPTIC SEIZURES OR SEIZURE-LIKE SYMPTOMS WHEN EXPOSED TO CERTAIN STIMULI, INCLUDING, WITHOUT LIMITATION, LIGHT PATTERNS, FLASHING LIGHTS OR CERTAIN PATTERNS OF BACKGROUNDS ON A TELEVISION SCREEN OR VIDEO MONITOR. EXPOSURE TO THESE STIMULI WHILE PLAYING VIDEO GAMES MAY INDUCE AN EPILEPTIC SEIZURE OR SEIZURE-LIKE SYMPTOMS IN THESE INDIVIDUALS. CERTAIN CONDITIONS MAY INDUCE UNDETECTED EPILEPTIC SYMPTOMS EVEN IN PERSONS WHO HAVE NO PRIOR HISTORY OF SEIZURES OR EPILEPSY. IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING A VIDEO GAME — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT OR CONVULSIONS — IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE PLAY.”

Bill number

Sponsor

Title

Status

Summary

New York SB 2327

LAVALLE

AN ACT to amend the general business law, in relation to requiring epilepsy warnings on video games

REFERRED TO CONSUMER PROTECTION – 01/04/2012

This bill is a companion to A.B. 2438. It would require any retailer of video games to display a sign or poster reading:

 

“EPILEPSY WARNING – READ BEFORE USING YOUR VIDEO GAME SYSTEM MEDICAL RESEARCH INDICATES A SMALL PERCENTAGE OF THE POPULATION MAY EXPERIENCE EPILEPTIC SEIZURES OR SEIZURE-LIKE SYMPTOMS WHEN EXPOSED TO CERTAIN STIMULI, INCLUDING, WITHOUT LIMITATION, LIGHT PATTERNS, FLASHING LIGHTS OR CERTAIN PATTERNS OF BACKGROUNDS ON A TELEVISION SCREEN OR VIDEO MONITOR. EXPOSURE TO THESE STIMULI WHILE PLAYING VIDEO GAMES MAY INDUCE AN EPILEPTIC SEIZURE OR SEIZURE-LIKE SYMPTOMS IN THESE INDIVIDUALS. CERTAIN CONDITIONS MAY INDUCE UNDETECTED EPILEPTIC SYMPTOMS EVEN IN PERSONS WHO HAVE NO PRIOR HISTORY OF SEIZURES OR EPILEPSY. IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING A VIDEO GAME — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT OR CONVULSIONS — IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE PLAY.”

Bill number

New York SB 3561

Sponsor

ADAMS

Title

AN ACT to amend the general business law, in relation to prohibiting sale of certain video games to minors containing racist stereotypes, derogatory language an

Status

REFERRED TO CONSUMER PROTECTION – 01/04/2012

Summary

SB 3561 would bar the sale or rental of video games to anyone less than 18 years old that “has a rating contain racist stereotypes, derogatory language and/or actions directed toward a specific group or groups of persons. Such video games games may contain, but are not limited to profane slang, profane religious exclamations, obscene slang, obscene references to body parts, character or religious slurs, profane character slurs, or racial slurs or violent behavior toward specific persons or groups of persons based on race.”

 

Any retailer that carries video games with such content (or carries that rating) must store and display the games in an area that restricts access to those 18 or older.

 

“Rating” is defined as “any standard designation commonly used to inform parents about video games regarding listening and viewing by their children.”

Bill number

Sponsor

Title

Status

Summary

New York SB 3561

ADAMS

AN ACT to amend the general business law, in relation to prohibiting sale of certain video games to minors containing racist stereotypes, derogatory language an

REFERRED TO CONSUMER PROTECTION – 01/04/2012

SB 3561 would bar the sale or rental of video games to anyone less than 18 years old that “has a rating contain racist stereotypes, derogatory language and/or actions directed toward a specific group or groups of persons. Such video games games may contain, but are not limited to profane slang, profane religious exclamations, obscene slang, obscene references to body parts, character or religious slurs, profane character slurs, or racial slurs or violent behavior toward specific persons or groups of persons based on race.”

 

Any retailer that carries video games with such content (or carries that rating) must store and display the games in an area that restricts access to those 18 or older.

 

“Rating” is defined as “any standard designation commonly used to inform parents about video games regarding listening and viewing by their children.”

Bill number

New York SB 3743

Sponsor

PERALTA

Title

AN ACT to amend the penal law, in relation to distribution and dissemination of obscene material

Status

COMMITTEE DISCHARGED AND COMMITTED TO RULES – 03/12/2012

Summary

SB 3743 would broaden the definition of obscenity to include any material that depicts or describes nudity or the lewd exhibition of the pubic area, buttocks or female breasts and otherwise meet the Miller test.

 

Presently, the law is limited depictions or descriptions to actual or simulated sexual acts, sexual bestiality, masturbation, sadism, masochism, and excretion.

 

The bill would also change the crime from “promoting” obscenity to “promoting,” “distributing,” or “disseminating” obscenity.

Bill number

Sponsor

Title

Status

Summary

New York SB 3743

PERALTA

AN ACT to amend the penal law, in relation to distribution and dissemination of obscene material

COMMITTEE DISCHARGED AND COMMITTED TO RULES – 03/12/2012

SB 3743 would broaden the definition of obscenity to include any material that depicts or describes nudity or the lewd exhibition of the pubic area, buttocks or female breasts and otherwise meet the Miller test.

 

Presently, the law is limited depictions or descriptions to actual or simulated sexual acts, sexual bestiality, masturbation, sadism, masochism, and excretion.

 

The bill would also change the crime from “promoting” obscenity to “promoting,” “distributing,” or “disseminating” obscenity.

 

Bill number

New York SB 5226

Sponsor

SALAND

Title

AN ACT to amend the criminal procedure law, the correction law, the penal law, the arts and cultural affairs law, the general business law, the labor law and th

Status

referred to codes – 06/05/2012

Summary

S.B. 5226 makes it illegal to use the Internet or other electronic means of communication to initiate or engage in communication of material harmful to minors to a minor.

 

There is an affirmative defense if the person disseminating such material required a credit card, adult access code, or adult personal identification number to access it.

 

It is also an affirmative defense that the person disseminating such material encodes or labels it in such a way that it would be automatically blocked by filtering software.

 

It also makes it a crime to use encryption to conceal or protect the identity of any person who has committed a crime.

Bill number

Sponsor

Title

Status

Summary

New York SB 5226

SALAND

AN ACT to amend the criminal procedure law, the correction law, the penal law, the arts and cultural affairs law, the general business law, the labor law and th

referred to codes – 06/05/2012

S.B. 5226 makes it illegal to use the Internet or other electronic means of communication to initiate or engage in communication of material harmful to minors to a minor.

 

There is an affirmative defense if the person disseminating such material required a credit card, adult access code, or adult personal identification number to access it.

 

It is also an affirmative defense that the person disseminating such material encodes or labels it in such a way that it would be automatically blocked by filtering software.

 

It also makes it a crime to use encryption to conceal or protect the identity of any person who has committed a crime.

Bill number

New York SB 5623

Sponsor

PERALTA

Title

AN ACT to amend the penal law, in relation to the crime of promoting prostitution in the fourth degree

Status

SIGNED CHAP.215 – 07/20/2011

Summary

SB 5623 would make it illegal to distribute material that depicts nudity to 10 or more people with the intent to advance or profit from prostitution. It is a companion bill to AB 8026.

Bill number

Sponsor

Title

Status

Summary

New York SB 5623

PERALTA

AN ACT to amend the penal law, in relation to the crime of promoting prostitution in the fourth degree

SIGNED CHAP.215 – 07/20/2011

SB 5623 would make it illegal to distribute material that depicts nudity to 10 or more people with the intent to advance or profit from prostitution. It is a companion bill to AB 8026.

Bill number

New York SB 6779

Sponsor

O’MARA

Title

AN ACT to amend the civil rights law, in relation to protecting a person’s right to know who is behind an anonymous internet posting

Status

RECOMMIT, ENACTING CLAUSE STRICKEN – 06/05/2012

Summary

S.B. 6779 requires any website administrator to remove any comment on his or her website if made by an anonymous poster unless the anonymous poster adds his or her name to the post and confirms that his or her name, IP address, and home address are are correct.

 

This bill is a companion to A.B. 8688.

Bill number

Sponsor

Title

Status

Summary

New York SB 6779

O’MARA

AN ACT to amend the civil rights law, in relation to protecting a person’s right to know who is behind an anonymous internet posting

RECOMMIT, ENACTING CLAUSE STRICKEN – 06/05/2012

S.B. 6779 requires any website administrator to remove any comment on his or her website if made by an anonymous poster unless the anonymous poster adds his or her name to the post and confirms that his or her name, IP address, and home address are are correct.

 

This bill is a companion to A.B. 8688.

Bill number

New York SB 7534

Sponsor

GOLDEN

Title

AN ACT to amend the tax law, in relation to Empire state commercial and digital gaming media production tax credit

Status

referred to ways and means – 06/20/2012

Summary

S.B. 7534 provides tax incentives for the video game industry in New York. Not eligible for the credit is any games rated “AO” or “RP” or has not been submitted for rating by ESRB; or, any game that can reasonably be deemed to be “eroge.” “Eroge” is not defined but does not appear to be an acronym.

Bill number

Sponsor

Title

Status

Summary

New York SB 7534

GOLDEN

AN ACT to amend the tax law, in relation to Empire state commercial and digital gaming media production tax credit

referred to ways and means – 06/20/2012

S.B. 7534 provides tax incentives for the video game industry in New York. Not eligible for the credit is any games rated “AO” or “RP” or has not been submitted for rating by ESRB; or, any game that can reasonably be deemed to be “eroge.” “Eroge” is not defined but does not appear to be an acronym.

North Carolina

Bill number

North Carolina S 764

Sponsor

Andrew C. Brock

Title

No Credit For Obscene Films.

Status

Senate Ref To Com On Finance – 04/20/2011

Summary

SB 764 would specifically exempt any movie rated “NC-17″ by the MPAA from receiving a tax credit for making a movie in North Carolina.

Bill number

Sponsor

Title

Status

Summary

North Carolina S 764

Andrew C. Brock

No Credit For Obscene Films.

Senate Ref To Com On Finance – 04/20/2011

SB 764 would specifically exempt any movie rated “NC-17″ by the MPAA from receiving a tax credit for making a movie in North Carolina.

Ohio

Bill number

Ohio HB 414

Sponsor

Anielski, M

Title

To expand the offenses of menacing by stalking and telecommunications harassment.

Status

Reported Out, Senate Judiciary, (second Hearing) – 12/11/2012

Summary

H.B. 414 would make it illegal to use any form of written communication to cause another person or his or her family “emotional distress” or incite another person to do so.

 

“Emotional distress” is defined as significant mental suffering or distress that does not necessarily require professional treatment or counseling.

 

It is already illegal to post a message if if it causes “mental distress” that is defined as:

(a) Any mental illness or condition that involves some temporary substantial incapacity; or

(b) Any mental illness or condition that would normally require psychiatric treatment or other mental health services whether or not any person requested or received such treatment.

Bill number

Sponsor

Title

Status

Summary

Ohio HB 414

Anielski, M

To expand the offenses of menacing by stalking and telecommunications harassment.

Reported Out, Senate Judiciary, (second Hearing) – 12/11/2012

H.B. 414 would make it illegal to use any form of written communication to cause another person or his or her family “emotional distress” or incite another person to do so.

 

“Emotional distress” is defined as significant mental suffering or distress that does not necessarily require professional treatment or counseling.

 

It is already illegal to post a message if if it causes “mental distress” that is defined as:

(a) Any mental illness or condition that involves some temporary substantial incapacity; or

(b) Any mental illness or condition that would normally require psychiatric treatment or other mental health services whether or not any person requested or received such treatment.

Oklahoma

Bill number

Oklahoma HB 2696

Sponsor

Fourkiller

Title

Revenue and taxation; enacting additional sales and use tax on violent video games; effective date; emergency.

Status

Second Reading referred to Appropriations and Budget – 02/07/2012

Summary

H.B. 2696 would impose a 1% excise tax on “violent video games.”

 

“Violent video games” are defined as those rated “Teen,” “Mature” or “Adult Only” by the ESRB.

 

The money raised by the tax is designated to be spent fighting childhood obesity.

Bill number

Sponsor

Title

Status

Summary

Oklahoma HB 2696

Fourkiller

Revenue and taxation; enacting additional sales and use tax on violent video games; effective date; emergency.

Second Reading referred to Appropriations and Budget – 02/07/2012

H.B. 2696 would impose a 1% excise tax on “violent video games.”

 

“Violent video games” are defined as those rated “Teen,” “Mature” or “Adult Only” by the ESRB.

 

The money raised by the tax is designated to be spent fighting childhood obesity.

Pennsylvania

Bill number

Pennsylvania HB 1029

Sponsor

PERRY

Title

An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, prohibiting the use of name, portrait or picture of a soldier in certain cases.

Status

PN 1116 Referred to JUDICIARY – 03/14/2011

Summary

H.B. 1029 makes it both a crime and creates right of publicity if a person uses a deceased soldier’s name, portrait or picture for a commercial purpose without permission from the soldier, the soldier’s spouse, immediate family member, or trustee if the soldier is a minor or the soldiers legally designated representative.

 

The law does not apply to:

For an attempt to portray, describe or impersonate that soldier in a live performance, a single and original work of fine art, a play, book, article, musical work or film or on radio, television or other audio or audiovisual work if the work is not itself an advertisement for a product.

The use of the name or image in any news, public affairs or sports broadcast or account.

The use of photographs, video recordings and images by a person, firm or corporation practicing the profession of photography to exhibit, in or about the professional photographer’s place of business or portfolio, specimens of the professional photographer’s work, unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by the portrayed soldier or a person designated to speak for the soldier.

 

A violation of the criminal section is a misdemeanor. The cause of action allows for injunctive relief, compensatory and punitive or exemplary damages and attorney fees and costs.

 

“Soldier” is defined as any active duty or former member of the US armed forces, including any member who was killed in action.

Bill number

Sponsor

Title

Status

Summary

Pennsylvania HB 1029

PERRY

An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, prohibiting the use of name, portrait or picture of a soldier in certain cases.

PN 1116 Referred to JUDICIARY – 03/14/2011

H.B. 1029 makes it both a crime and creates right of publicity if a person uses a deceased soldier’s name, portrait or picture for a commercial purpose without permission from the soldier, the soldier’s spouse, immediate family member, or trustee if the soldier is a minor or the soldiers legally designated representative.

 

The law does not apply to:

For an attempt to portray, describe or impersonate that soldier in a live performance, a single and original work of fine art, a play, book, article, musical work or film or on radio, television or other audio or audiovisual work if the work is not itself an advertisement for a product.

The use of the name or image in any news, public affairs or sports broadcast or account.

The use of photographs, video recordings and images by a person, firm or corporation practicing the profession of photography to exhibit, in or about the professional photographer’s place of business or portfolio, specimens of the professional photographer’s work, unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by the portrayed soldier or a person designated to speak for the soldier.

 

A violation of the criminal section is a misdemeanor. The cause of action allows for injunctive relief, compensatory and punitive or exemplary damages and attorney fees and costs.

 

“Soldier” is defined as any active duty or former member of the US armed forces, including any member who was killed in action.

Bill number

Pennsylvania HB 2560

Sponsor

WATERS

Title

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in computer offenses, providing for the offense of online impersonation; and making an editorial change.

Status

PN 3928 Referred to JUDICIARY – 07/31/2012

Summary

H.B. 2560 would make it illegal to use another person’s name or persona to create a website, post on a social network or send an electronic communication without the person’s consent and with the intent to harm that person.

 

It would also make it illegal to send an electronic communication that references personal identifying information without the consent of the owner of the personal identifying information with the intent that the recipient believe that person sent the communication and with the intent to harm that person.

 

H.B. 2560 would also make it illegal to use the name or persona of a public official without obtaining the public official’s consent for the purpose of inducing another person to submit to the authority of the public official or to otherwise act in reliance on the public official’s request to the person’s detriment.

Bill number

Sponsor

Title

Status

Summary

Pennsylvania HB 2560

WATERS

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in computer offenses, providing for the offense of online impersonation; and making an editorial change.

PN 3928 Referred to JUDICIARY – 07/31/2012

H.B. 2560 would make it illegal to use another person’s name or persona to create a website, post on a social network or send an electronic communication without the person’s consent and with the intent to harm that person.

 

It would also make it illegal to send an electronic communication that references personal identifying information without the consent of the owner of the personal identifying information with the intent that the recipient believe that person sent the communication and with the intent to harm that person.

 

H.B. 2560 would also make it illegal to use the name or persona of a public official without obtaining the public official’s consent for the purpose of inducing another person to submit to the authority of the public official or to otherwise act in reliance on the public official’s request to the person’s detriment.

Bill number

Pennsylvania HR 214

Sponsor

CURRY

Title

A Resolution alerting the citizens of this Commonwealth about the release of “School Shooter: North American Tour 2012,” strongly urging parents, guardians and others who care for children to carefully monitor their children’s use of all media and encouraging retailers to refrain from selling School Shooter in their retail establishments.

Status

PN 1545 Referred to CONSUMER AFFAIRS – 04/13/2011

Summary

This a resolution calling for the halt to the manufacture, distribution and purchase of the video game “School Shooter: North American Tour 2012.”

Bill number

Sponsor

Title

Status

Summary

Pennsylvania HR 214

CURRY

A Resolution alerting the citizens of this Commonwealth about the release of “School Shooter: North American Tour 2012,” strongly urging parents, guardians and others who care for children to carefully monitor their children’s use of all media and encouraging retailers to refrain from selling School Shooter in their retail establishments.

PN 1545 Referred to CONSUMER AFFAIRS – 04/13/2011

This a resolution calling for the halt to the manufacture, distribution and purchase of the video game “School Shooter: North American Tour 2012.”

Rhode Island

Bill number

Rhode Island H 5808

Sponsor

Martin

Title

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME

Status

Committee recommended measure be held for further study – 04/06/2011

Summary

H.B. 5808 would make it illegal to knowingly and intentionally use a computer or telecommunication device to transmit any sexually explicit depiction to a minor or person believed to be a minor. The bill does not incorporate any part of Miller/Ginsberg.

 

Anyone convicted of violating this law would be subject to up to five years in prison, a $5,000 fine and would have to register as a sex offender.

Bill number

Sponsor

Title

Status

Summary

Rhode Island H 5808

Martin

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME

Committee recommended measure be held for further study – 04/06/2011

H.B. 5808 would make it illegal to knowingly and intentionally use a computer or telecommunication device to transmit any sexually explicit depiction to a minor or person believed to be a minor. The bill does not incorporate any part of Miller/Ginsberg.

 

Anyone convicted of violating this law would be subject to up to five years in prison, a $5,000 fine and would have to register as a sex offender.

Bill number

Rhode Island H 7042

Sponsor

Martin

Title

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME (would amend various chapters and provisions of the general laws to create to additional offenses relating to Internet activity.)

Status

Committee recommended measure be held for further study – 02/08/2012

Summary

H.B. 7042 would make it illegal to knowingly and intentionally use a computer or telecommunication device to transmit sexually explicit depictions to a minor or person believed to be a minor.

 

Anyone convicted of violating this law would be subject to up to five years in prison, a $5,000 fine and would have to register as a sex offender.

 

It also defines harassment as engaging in conduct that prompts others to contact a person in a way that would annoy, alarm or bother the person if the conduct, which can include electronic writing or publishing, serves no legitimate purpose and causes substantial emotional distress. The person that prompts the contact does not have to ask or intend that person be contacted merely that the contact be the result of speech.

 

The person being contacted must suffer substantial emotional distress.

 

A violation is subject to one year in prison for a first offense and two years for subsequent offenses.

 

It would also make it illegal to disseminate an image or another person engaged in sexual conduct or of his or her “intimate areas” without the subject of the images permission if that person had a “reasonable expectation of privacy” when the image was captured.

 

Neither “reasonable expectation of privacy” nor “intimate areas” is defined.

 

A violation is subject to three years in prison, a fine of up to $5,000 or both

 

Permission from the subject is required to disseminate the image even if the subject had consented to the image being taken.

 

The bill makes it illegal to use the name or persona of another person to create a web page on or to post a message on a social networking site or send an email, text or similar communication without obtaining the other person’s consent and with the intent to harm. “Harm” is not defined.

 

A violation is subject to up to three years on prison.

Bill number

Sponsor

Title

Status

Summary

Rhode Island H 7042

Martin

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME (would amend various chapters and provisions of the general laws to create to additional offenses relating to Internet activity.)

Committee recommended measure be held for further study – 02/08/2012

H.B. 7042 would make it illegal to knowingly and intentionally use a computer or telecommunication device to transmit sexually explicit depictions to a minor or person believed to be a minor.

 

Anyone convicted of violating this law would be subject to up to five years in prison, a $5,000 fine and would have to register as a sex offender.

 

It also defines harassment as engaging in conduct that prompts others to contact a person in a way that would annoy, alarm or bother the person if the conduct, which can include electronic writing or publishing, serves no legitimate purpose and causes substantial emotional distress. The person that prompts the contact does not have to ask or intend that person be contacted merely that the contact be the result of speech.

 

The person being contacted must suffer substantial emotional distress.

 

A violation is subject to one year in prison for a first offense and two years for subsequent offenses.

 

It would also make it illegal to disseminate an image or another person engaged in sexual conduct or of his or her “intimate areas” without the subject of the images permission if that person had a “reasonable expectation of privacy” when the image was captured.

 

Neither “reasonable expectation of privacy” nor “intimate areas” is defined.

 

A violation is subject to three years in prison, a fine of up to $5,000 or both

 

Permission from the subject is required to disseminate the image even if the subject had consented to the image being taken.

 

The bill makes it illegal to use the name or persona of another person to create a web page on or to post a message on a social networking site or send an email, text or similar communication without obtaining the other person’s consent and with the intent to harm. “Harm” is not defined.

 

A violation is subject to up to three years on prison.

Bill number

Rhode Island S 733

Sponsor

Lanzi

Title

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME

Status

Signed by Governor – 07/12/2011

Summary

S.B. 733 is a companion to H.B. 5808. It would make it illegal to knowingly and intentionally use a computer or telecommunication device to transmit sexually explicit depictions to a minor or person believed to be a minor.

 

Anyone convicted of violating this law would be subject to up to five years in prison, a $5,000 fine and would have to register as a sex offender.


The bill was amended solely to bar minors from sending sexually explicit pictures of themselves.

Bill number

Sponsor

Title

Status

Summary

Rhode Island S 733

Lanzi

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME

Signed by Governor – 07/12/2011

S.B. 733 is a companion to H.B. 5808. It would make it illegal to knowingly and intentionally use a computer or telecommunication device to transmit sexually explicit depictions to a minor or person believed to be a minor.

 

Anyone convicted of violating this law would be subject to up to five years in prison, a $5,000 fine and would have to register as a sex offender.


The bill was amended solely to bar minors from sending sexually explicit pictures of themselves.

Bill number

Rhode Island S 2647

Sponsor

Lanzi

Title

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME

Status

Committee recommended measure be held for further study – 05/01/2012

Summary

S.B. 2647 would make it illegal to knowingly and intentionally use a computer or telecommunication device to transmit sexually explicit depictions to a minor or person believed to be a minor.

 

Anyone convicted of violating this law would be subject to up to five years in prison, a $5,000 fine and would have to register as a sex offender.

 

It also defines harassment as engaging in conduct that prompts others to contact a person in a way that would annoy, alarm or bother the person if the conduct, which can include electronic writing or publishing, serves no legitimate purpose and causes substantial emotional distress. The person that prompts the contact does not have to ask or intend that person be contacted merely that the contact be the result of speech.

 

The person being contacted must suffer substantial emotional distress.

 

A violation is subject to one year in prison for a first offense and two years for subsequent offenses.

 

It would also make it illegal to disseminate an image or another person engaged in sexual conduct or of his or her “intimate areas” without the subject of the images permission if that person had a “reasonable expectation of privacy” when the image was captured.

 

Neither “reasonable expectation of privacy” nor “intimate areas” is defined.

 

A violation is subject to three years in prison, a fine of up to $5,000 or both

 

Permission from the subject is required to disseminate the image even if the subject had consented to the image being taken.

 

The bill makes it illegal to use the name or persona of another person to create a web page on or to post a message on a social networking site or send an email, text or similar communication without obtaining the other person’s consent and with the intent to harm. “Harm” is not defined.

 

A violation is subject to up to three years on prison.

Bill number

Sponsor

Title

Status

Summary

Rhode Island S 2647

Lanzi

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME

Committee recommended measure be held for further study – 05/01/2012

S.B. 2647 would make it illegal to knowingly and intentionally use a computer or telecommunication device to transmit sexually explicit depictions to a minor or person believed to be a minor.

 

Anyone convicted of violating this law would be subject to up to five years in prison, a $5,000 fine and would have to register as a sex offender.

 

It also defines harassment as engaging in conduct that prompts others to contact a person in a way that would annoy, alarm or bother the person if the conduct, which can include electronic writing or publishing, serves no legitimate purpose and causes substantial emotional distress. The person that prompts the contact does not have to ask or intend that person be contacted merely that the contact be the result of speech.

 

The person being contacted must suffer substantial emotional distress.

 

A violation is subject to one year in prison for a first offense and two years for subsequent offenses.

 

It would also make it illegal to disseminate an image or another person engaged in sexual conduct or of his or her “intimate areas” without the subject of the images permission if that person had a “reasonable expectation of privacy” when the image was captured.

 

Neither “reasonable expectation of privacy” nor “intimate areas” is defined.

 

A violation is subject to three years in prison, a fine of up to $5,000 or both

 

Permission from the subject is required to disseminate the image even if the subject had consented to the image being taken.

 

The bill makes it illegal to use the name or persona of another person to create a web page on or to post a message on a social networking site or send an email, text or similar communication without obtaining the other person’s consent and with the intent to harm. “Harm” is not defined.

 

A violation is subject to up to three years on prison.

South Carolina

Bill number

South Carolina H 5079

Sponsor

Merrill

Title

Motion Picture Incentive Act

Status

Member(s) request name added as sponsor: Agnew – 03/28/2012

Summary

H.B. 5079 the Department of Parks, Recreation and Tourism may consider the amount of obscene or “inappropriate” content when determining eligibility for the motion picture production incentive program.

Bill number

Sponsor

Title

Status

Summary

South Carolina H 5079

Merrill

Motion Picture Incentive Act

Member(s) request name added as sponsor: Agnew – 03/28/2012

H.B. 5079 the Department of Parks, Recreation and Tourism may consider the amount of obscene or “inappropriate” content when determining eligibility for the motion picture production incentive program.

Tennessee

Bill number

Tennessee HB 300

Sponsor

Curtiss

Title

Criminal Offenses

Status

Pub. Ch. 362 – 06/03/2011

Summary

House Bill 300 is a companion to SB 487, it would amend Tennessee’s existing harassment law in three ways.

1. It would add communication about another person with intent to frighten, intimidate or cause emotional distress. Presently the communication must be to the person it is intended to frighten, intimidate or cause emotional distress.

2. The bill specifically includes such communications by social networks. The present law refers to “electronic mail or Internet services.”

3. The bill would add sending of images as a manner of communication subject to the law.

 

The existing law criminalizes communication without a legitimate purpose but “with a malicious intent to frighten, intimidate or cause emotional distress” or “in a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities” if the person is frightened, intimidated or emotionally distressed.

 

The second part of the bill would require any social networking site with servers in Tennessee to give prosecutors or police free access to inspect to retained log files or images that have been sent, posted or displayed if district attorney reasonably believes three conditions are met. The images or communication sought are not protected from disclosure by an applicable privilege; the images or communication are essential to an investigation or prosecution of the harassment statute; and there is no other “feasible” alternative to obtain the information.

Bill number

Sponsor

Title

Status

Summary

Tennessee HB 300

Curtiss

Criminal Offenses

Pub. Ch. 362 – 06/03/2011

House Bill 300 is a companion to SB 487, it would amend Tennessee’s existing harassment law in three ways.

1. It would add communication about another person with intent to frighten, intimidate or cause emotional distress. Presently the communication must be to the person it is intended to frighten, intimidate or cause emotional distress.

2. The bill specifically includes such communications by social networks. The present law refers to “electronic mail or Internet services.”

3. The bill would add sending of images as a manner of communication subject to the law.

 

The existing law criminalizes communication without a legitimate purpose but “with a malicious intent to frighten, intimidate or cause emotional distress” or “in a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities” if the person is frightened, intimidated or emotionally distressed.

 

The second part of the bill would require any social networking site with servers in Tennessee to give prosecutors or police free access to inspect to retained log files or images that have been sent, posted or displayed if district attorney reasonably believes three conditions are met. The images or communication sought are not protected from disclosure by an applicable privilege; the images or communication are essential to an investigation or prosecution of the harassment statute; and there is no other “feasible” alternative to obtain the information.

Bill number

Tennessee HB 1960

Sponsor

Williams R

Title

Criminal Offenses

Status

Action Def. in Judiciary Committee to 2012 – 05/03/2011

Summary

H.B. 1960 and S.B. 2064 would make it illegal for a person to knowingly capture any type of visual image, sound recording, or other physical impression of any person engaging in a “personal or familial activity” if:

(1) The act was done in a manner that is offensive to a reasonable person; (2) The individual has a reasonable expectation of privacy; and (3) The act was done without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian.

 

It would also be a crime for a person to knowingly spy upon, observe, or otherwise view any individual, with the intent to violate this law.

 

“Personal and familial activity” means an activity occurring on the property of the individual or the property of the individual’s immediate family, and includes, but is not limited to, an activity involving interactions with the individual’s family or significant others or an activity involving other aspects of the individual’s private affairs.

 

A violation of either section would be subject to a $5,000 fine. If the image or sound recording was captured for a “commercial purpose” the defendant shall be subject to disgorgement of any consideration.

 

Neither section would apply to posting such images or recordings on a social networking site.

 

Neither section applies to capturing images, sound recordings or other impressions of elected official.

Bill number

Sponsor

Title

Status

Summary

Tennessee HB 1960

Williams R

Criminal Offenses

Action Def. in Judiciary Committee to 2012 – 05/03/2011

H.B. 1960 and S.B. 2064 would make it illegal for a person to knowingly capture any type of visual image, sound recording, or other physical impression of any person engaging in a “personal or familial activity” if:

(1) The act was done in a manner that is offensive to a reasonable person; (2) The individual has a reasonable expectation of privacy; and (3) The act was done without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian.

 

It would also be a crime for a person to knowingly spy upon, observe, or otherwise view any individual, with the intent to violate this law.

 

“Personal and familial activity” means an activity occurring on the property of the individual or the property of the individual’s immediate family, and includes, but is not limited to, an activity involving interactions with the individual’s family or significant others or an activity involving other aspects of the individual’s private affairs.

 

A violation of either section would be subject to a $5,000 fine. If the image or sound recording was captured for a “commercial purpose” the defendant shall be subject to disgorgement of any consideration.

 

Neither section would apply to posting such images or recordings on a social networking site.

 

Neither section applies to capturing images, sound recordings or other impressions of elected official.

Bill number

Tennessee HB 2656

Sponsor

Dennis

Title

Sexual Offenses

Status

Pub. Ch. 732 – 04/19/2012

Summary

H.B. 2656 adds definitions to an existing law that bars an adult from directly or by means of electronic communication, email, webcam or Internet service, to intentionally:

(1) Engage in sexual activity, or simulated sexual activity, that is patently offensive for the purpose of having the minor view the activity, including circumstances where the minor is in the presence of the person, or where the minor views such activity via electronic communication; or

(2) Display or expose to a minor, or a law enforcement officer the person believes to be a minor, any material containing actual or simulated sexual activity that is patently offensive, where the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material.

Bill number

Sponsor

Title

Status

Summary

Tennessee HB 2656

Dennis

Sexual Offenses

Pub. Ch. 732 – 04/19/2012

H.B. 2656 adds definitions to an existing law that bars an adult from directly or by means of electronic communication, email, webcam or Internet service, to intentionally:

(1) Engage in sexual activity, or simulated sexual activity, that is patently offensive for the purpose of having the minor view the activity, including circumstances where the minor is in the presence of the person, or where the minor views such activity via electronic communication; or

(2) Display or expose to a minor, or a law enforcement officer the person believes to be a minor, any material containing actual or simulated sexual activity that is patently offensive, where the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material.

Bill number

Tennessee HB 3081

Sponsor

Carr

Title

Taxes

Status

Rec. For Pass. ref. to: Finance, Ways & Means Committee—No recommendation – 02/29/2012

Summary

S.B. 2860 and H.B. 3081 would impose a 25% sales tax surcharge on books, magazines or other material that is harmful to minors.

 

They would impose the sales tax surcharge on any product bought or rented in any store that has an “adults only”​section which includes many mainstream video stores.

 

They would also impose the tax on movies with “sexually explicit”​content viewed on cable or satellite television or in a hotel or motel. “Sexually explicit”​is not defined in the legislation or by reference other than the bills specifically exempting from the tax any movie rated “R”​or “NC-17″​by the rating board of the Motion Picture Association of America.

 

Enforcement of these provisions is to be determined by the Commissioner of Revenue. These bills are very similar to legislation considered in 2009 but eventually rejected by the Tennessee legislature.

Bill number

Sponsor

Title

Status

Summary

Tennessee HB 3081

Carr

Taxes

Rec. For Pass. ref. to: Finance, Ways & Means Committee—No recommendation – 02/29/2012

S.B. 2860 and H.B. 3081 would impose a 25% sales tax surcharge on books, magazines or other material that is harmful to minors.

 

They would impose the sales tax surcharge on any product bought or rented in any store that has an “adults only”​section which includes many mainstream video stores.

 

They would also impose the tax on movies with “sexually explicit”​content viewed on cable or satellite television or in a hotel or motel. “Sexually explicit”​is not defined in the legislation or by reference other than the bills specifically exempting from the tax any movie rated “R”​or “NC-17″​by the rating board of the Motion Picture Association of America.

 

Enforcement of these provisions is to be determined by the Commissioner of Revenue. These bills are very similar to legislation considered in 2009 but eventually rejected by the Tennessee legislature.

Bill number

Tennessee SB 487

Sponsor

Ketron

Title

Criminal Offenses

Status

Comp. became Pub. Ch. 362 – 06/03/2011

Summary

Senate Bill 487 would amend Tennessee’s existing harassment law in three ways.

1. It would add communication about another person with intent to frighten, intimidate or cause emotional distress. Presently the communication must be to the person it is intended to frighten, intimidate or cause emotional distress.

2. The bill specifically includes such communications by social networks. The present law refers to “electronic mail or Internet services.”​

3. The bill would add sending of images as a manner of communication subject to the law.

 

The existing law criminalizes communication without a legitimate purpose but “with a malicious intent to frighten, intimidate or cause emotional distress”​or “In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities”​ if the person is frightened, intimidated or emotionally distressed.

 

The second part of the bill would require any social networking site with servers in Tennessee to give prosecutors or police free access to inspect to retained log files or images that have been sent, posted or displayed if district attorney reasonably believes three conditions are met. The images or communication sought are not protected from disclosure by an applicable privilege; the images or communication are essential to an investigation or prosecution of the harassment statute; and there is no other “feasible” alternative to obtain the information. While many companies would voluntarily agree to turning over such records, companies have Fourth Amendment and they can’t be eliminated by statute. And some companies have policies about not turning over their users records without a warrant or subpoena.

Bill number

Sponsor

Title

Status

Summary

Tennessee SB 487

Ketron

Criminal Offenses

Comp. became Pub. Ch. 362 – 06/03/2011

Senate Bill 487 would amend Tennessee’s existing harassment law in three ways.

1. It would add communication about another person with intent to frighten, intimidate or cause emotional distress. Presently the communication must be to the person it is intended to frighten, intimidate or cause emotional distress.

2. The bill specifically includes such communications by social networks. The present law refers to “electronic mail or Internet services.”​

3. The bill would add sending of images as a manner of communication subject to the law.

 

The existing law criminalizes communication without a legitimate purpose but “with a malicious intent to frighten, intimidate or cause emotional distress”​or “In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities”​ if the person is frightened, intimidated or emotionally distressed.

 

The second part of the bill would require any social networking site with servers in Tennessee to give prosecutors or police free access to inspect to retained log files or images that have been sent, posted or displayed if district attorney reasonably believes three conditions are met. The images or communication sought are not protected from disclosure by an applicable privilege; the images or communication are essential to an investigation or prosecution of the harassment statute; and there is no other “feasible” alternative to obtain the information. While many companies would voluntarily agree to turning over such records, companies have Fourth Amendment and they can’t be eliminated by statute. And some companies have policies about not turning over their users records without a warrant or subpoena.

Bill number

Tennessee SB 2064

Sponsor

Norris

Title

Criminal Offenses

Status

P2C, ref. to S. Jud Comm. – 02/24/2011

Summary

H.B. 1960 and S.B. 2064 would make it illegal for a person to knowingly capture any type of visual image, sound recording, or other physical impression of any person engaging in a “personal or familial activity” if:

(1) The act was done in a manner that is offensive to a reasonable person; (2) The individual has a reasonable expectation of privacy; and (3) The act was done without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian.

 

It would also be a crime for a person to knowingly spy upon, observe, or otherwise view any individual, with an intent to violate the this law.

 

“Personal and familial activity” means an activity occurring on the property of the individual or the property of the individual’s immediate family, and includes, but is not limited to, an activity involving interactions with the individual’s family or significant others or an activity involving other aspects of the individual’s private affairs.

 

A violation of either section would be subject to a $5,000 fine. If the image or sound recording was captured for a “commercial purpose” the defendant shall be subject to disgorgement of any consideration.

 

Neither section would apply to posting such images or recordings on a social networking site.

 

Neither section applies to capturing images, sound recordings or other impressions of elected official.

Bill number

Sponsor

Title

Status

Summary

Tennessee SB 2064

Norris

Criminal Offenses

P2C, ref. to S. Jud Comm. – 02/24/2011

H.B. 1960 and S.B. 2064 would make it illegal for a person to knowingly capture any type of visual image, sound recording, or other physical impression of any person engaging in a “personal or familial activity” if:

(1) The act was done in a manner that is offensive to a reasonable person; (2) The individual has a reasonable expectation of privacy; and (3) The act was done without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian.

 

It would also be a crime for a person to knowingly spy upon, observe, or otherwise view any individual, with an intent to violate the this law.

 

“Personal and familial activity” means an activity occurring on the property of the individual or the property of the individual’s immediate family, and includes, but is not limited to, an activity involving interactions with the individual’s family or significant others or an activity involving other aspects of the individual’s private affairs.

 

A violation of either section would be subject to a $5,000 fine. If the image or sound recording was captured for a “commercial purpose” the defendant shall be subject to disgorgement of any consideration.

 

Neither section would apply to posting such images or recordings on a social networking site.

 

Neither section applies to capturing images, sound recordings or other impressions of elected official.

Bill number

Tennessee SB 2675

Sponsor

Faulk

Title

Sexual Offenses

Status

Comp. became Pub. Ch. 732 – 04/19/2012

Summary

S.B. 2657 makes it unlawful for any person 18 or older, directly or by means of electronic communication, email or Internet service, including webcam communications, to intentionally:

1) Engage in simulated sexual activity that is patently offensive or in sexual activity for the purpose of having the minor view it, including circumstances where the minor views such activity via electronic communication; or

2) Display to a minor, or expose a minor to, any material containing simulated sexual activity that is patently offensive or sexual activity if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material.

 

“Sexual activity” includes lascivious display of the genitals, buttocks or female breasts.

 

The bill is a companion to H.B. 2656

Bill number

Sponsor

Title

Status

Summary

Tennessee SB 2675

Faulk

Sexual Offenses

Comp. became Pub. Ch. 732 – 04/19/2012

S.B. 2657 makes it unlawful for any person 18 or older, directly or by means of electronic communication, email or Internet service, including webcam communications, to intentionally:

1) Engage in simulated sexual activity that is patently offensive or in sexual activity for the purpose of having the minor view it, including circumstances where the minor views such activity via electronic communication; or

2) Display to a minor, or expose a minor to, any material containing simulated sexual activity that is patently offensive or sexual activity if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material.

 

“Sexual activity” includes lascivious display of the genitals, buttocks or female breasts.

 

The bill is a companion to H.B. 2656

Bill number

Tennessee SB 2860

Sponsor

Campfield

Title

Taxes

Status

Assigned to Gen. Sub of S. Tax Sub Comm. – 03/13/2012

Summary

S.B. 2860 and H.B. 3081 would impose a 25% sales tax surcharge on books, magazines or other material that is harmful to minors.

 

They would impose the sales tax surcharge on any product bought or rented in any store that has an “adults only”​section which includes many mainstream video stores.

 

They would also impose the tax on movies with “sexually explicit” ​content viewed on cable or satellite television or in a hotel or motel. “Sexually explicit”​ is not defined in the legislation or by reference other than the bills specifically exempting from the tax any movie rated “R”​or “NC-17″ ​by the rating board of the Motion Picture Association of America.

 

Enforcement of these provisions is to be determined by the Commissioner of Revenue. These bills are very similar to legislation considered in 2009 but eventually rejected by the Tennessee legislature.

Bill number

Sponsor

Title

Status

Summary

Tennessee SB 2860

Campfield

Taxes

Assigned to Gen. Sub of S. Tax Sub Comm. – 03/13/2012

S.B. 2860 and H.B. 3081 would impose a 25% sales tax surcharge on books, magazines or other material that is harmful to minors.

 

They would impose the sales tax surcharge on any product bought or rented in any store that has an “adults only”​section which includes many mainstream video stores.

 

They would also impose the tax on movies with “sexually explicit” ​content viewed on cable or satellite television or in a hotel or motel. “Sexually explicit”​ is not defined in the legislation or by reference other than the bills specifically exempting from the tax any movie rated “R”​or “NC-17″ ​by the rating board of the Motion Picture Association of America.

 

Enforcement of these provisions is to be determined by the Commissioner of Revenue. These bills are very similar to legislation considered in 2009 but eventually rejected by the Tennessee legislature.

United States

Bill number

United States HR 400

Sponsor

Baca, Joe

Title

To require certain warning labels to be placed on video games that are given certain ratings due to violent content.

Status

Referred to the Subcommittee on Commerce, Manufacturing, and Trade. – 02/01/2011

Summary

This bill would require a label be placed on the packaging on any video game rated “T” or higher by the ESRB. The label must read: “WARNING: Excessive exposure to violent video games and other violent media has been linked to aggressive behavior.”

Bill number

Sponsor

Title

Status

Summary

United States HR 400

Baca, Joe

To require certain warning labels to be placed on video games that are given certain ratings due to violent content.

Referred to the Subcommittee on Commerce, Manufacturing, and Trade. – 02/01/2011

This bill would require a label be placed on the packaging on any video game rated “T” or higher by the ESRB. The label must read: “WARNING: Excessive exposure to violent video games and other violent media has been linked to aggressive behavior.”

Bill number

United States HR 1775

Sponsor

Heck, Joseph J.

Title

Stolen Valor Act of 2012

Status

Received in the Senate. – 09/19/2012

Summary

H.R. 1775 would make it a crime to fraudulently holds oneself out to be a recipient of a decoration or medal if done with intent to obtain money, property, or other tangible benefit.

 

The bill is titled “Stolen Valor Act of 2012.”

Bill number

Sponsor

Title

Status

Summary

United States HR 1775

Heck, Joseph J.

Stolen Valor Act of 2012

Received in the Senate. – 09/19/2012

H.R. 1775 would make it a crime to fraudulently holds oneself out to be a recipient of a decoration or medal if done with intent to obtain money, property, or other tangible benefit.

 

The bill is titled “Stolen Valor Act of 2012.”

Bill number

United States HR 1895

Sponsor

Markey, Edward J.

Title

Do Not Track Kids Act of 2011

Status

Referred to the Subcommittee on Commerce, Manufacturing, and Trade. – 05/23/2011

Summary

H.R. 1895 would require any commercial website that knows it is tracking a minor to provide written information for how the information is used, to obtain parental consent for collection or use of the information, and to opt out of their child being tracked or given access to the information gathered.

Bill number

Sponsor

Title

Status

Summary

United States HR 1895

Markey, Edward J.

Do Not Track Kids Act of 2011

Referred to the Subcommittee on Commerce, Manufacturing, and Trade. – 05/23/2011

H.R. 1895 would require any commercial website that knows it is tracking a minor to provide written information for how the information is used, to obtain parental consent for collection or use of the information, and to opt out of their child being tracked or given access to the information gathered.

Bill number

United States HR 4204

Sponsor

Baca, Joe

Title

To require certain warning labels to be placed on video games that are given certain ratings due to violent content.

Status

Referred to the House Committee on Energy and Commerce. – 03/19/2012

Summary

This bill would require a label be placed on the packaging on any video game rated “E” or higher by the ESRB. The label must read: “WARNING: Excessive exposure to violent video games and other violent media has been linked to aggressive behavior.”

Bill number

Sponsor

Title

Status

Summary

United States HR 4204

Baca, Joe

To require certain warning labels to be placed on video games that are given certain ratings due to violent content.

Referred to the House Committee on Energy and Commerce. – 03/19/2012

This bill would require a label be placed on the packaging on any video game rated “E” or higher by the ESRB. The label must read: “WARNING: Excessive exposure to violent video games and other violent media has been linked to aggressive behavior.”

Bill number

United States HRES 646

Sponsor

Turner, Robert L.

Title

Expressing the sense of the House that Village Voice Media Holdings, LLC should eliminate the “adult entertainment” section of the classified advertising websit

Status

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. – 05/18/2012

Summary

The Resolution calls on Village Voice Media to eliminate the “adult entertainment” section of the classified ads on the Backpage.com website.

Bill number

Sponsor

Title

Status

Summary

United States HRES 646

Turner, Robert L.

Expressing the sense of the House that Village Voice Media Holdings, LLC should eliminate the “adult entertainment” section of the classified advertising websit

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. – 05/18/2012

The Resolution calls on Village Voice Media to eliminate the “adult entertainment” section of the classified ads on the Backpage.com website.

Bill number

United States S 815

Sponsor

Snowe, Olympia J.

Title

Sanctity of Eternal Rest for Veterans Act of 2011

Status

Committee on Veterans’ Affairs. Hearings held. – 06/08/2011

Summary

S. 815 makes it illegal to engage in any demonstration two hours prior to a funeral for a present or former member of the armed services until two hours after the funeral.

 

The bill would restrict such activity to to any place within 300 feet of the boundaries of the location of the funeral.

 

It would be extended to 500 feet for the purpose of impeding access to such a funeral or causing a disruption of the funeral.

 

“Demonstration” is defined as including picketing, oration or speaking using sound equipment, display of a placard, banner or flag, and distribution of any handbill, pamphlet, or leaflet.

 

Anyone violating the law could be sentenced to up to two years in prison and could be subject to a civil lawsuit for actual or statutory damages.

Bill number

Sponsor

Title

Status

Summary

United States S 815

Snowe, Olympia J.

Sanctity of Eternal Rest for Veterans Act of 2011

Committee on Veterans’ Affairs. Hearings held. – 06/08/2011

S. 815 makes it illegal to engage in any demonstration two hours prior to a funeral for a present or former member of the armed services until two hours after the funeral.

 

The bill would restrict such activity to to any place within 300 feet of the boundaries of the location of the funeral.

 

It would be extended to 500 feet for the purpose of impeding access to such a funeral or causing a disruption of the funeral.

 

“Demonstration” is defined as including picketing, oration or speaking using sound equipment, display of a placard, banner or flag, and distribution of any handbill, pamphlet, or leaflet.

 

Anyone violating the law could be sentenced to up to two years in prison and could be subject to a civil lawsuit for actual or statutory damages.

Bill number

United States S 1728

Sponsor

Brown, Scott P.

Title

Stolen Valor Act of 2011

Status

Read twice and referred to the Committee on the Judiciary. – 10/18/2011

Summary

S. 1728 would make it a crime to misrepresent that one served in a combat zone, served in special forces or was awarded the Congressional Medal of Honor with the intent to obtain anything of value. It is a defense that the value sought was de minimis.

 

The bill is titled “Stolen Valor Act of 2011.”

Bill number

Sponsor

Title

Status

Summary

United States S 1728

Brown, Scott P.

Stolen Valor Act of 2011

Read twice and referred to the Committee on the Judiciary. – 10/18/2011

S. 1728 would make it a crime to misrepresent that one served in a combat zone, served in special forces or was awarded the Congressional Medal of Honor with the intent to obtain anything of value. It is a defense that the value sought was de minimis.

 

The bill is titled “Stolen Valor Act of 2011.”

Utah

Bill number

Utah SJR 3

Sponsor

Jenkins, S.

Title

Joint Resolution – Master Study

Status

Senate/ to Lieutenant Governor – 03/19/2012

Summary

SJR 3 calls on the Legislative Master Study Committee to study:

1. DVD and Blu-ray sales to minors in situations where the rating given to a film is changed from the theatrical “R” rated version to a “Not Rated” version for home video release, which frequently contain adult content not included in the “R” version; and

2. The distribution of pornographic material through cable television.

Bill number

Sponsor

Title

Status

Summary

Utah SJR 3

Jenkins, S.

Joint Resolution – Master Study

Senate/ to Lieutenant Governor – 03/19/2012

SJR 3 calls on the Legislative Master Study Committee to study:

1. DVD and Blu-ray sales to minors in situations where the rating given to a film is changed from the theatrical “R” rated version to a “Not Rated” version for home video release, which frequently contain adult content not included in the “R” version; and

2. The distribution of pornographic material through cable television.

Washington

Bill number

Washington HB 1652

Sponsor

Frockt

Title

Regarding electronic impersonation.

Status

Effective date 6/7/2012. – 03/07/2012

Summary

H.B. 1652 would create a private right of action for invasion of privacy if a person impersonates another actual person on a social networking web site or online bulletin board without the actual person’s consent with the intent to deceive, mislead, harass, threaten or intimidate and the impersonation resulted in injury to the actual person. Injury may be harm to reputation, humiliation, harm to professional reputation, financial standing or actual injury.

 

“Impersonates” or “impersonation” is defined as using an actual person’s name or likeness to create an impersonation that another person could reasonably believe or did reasonably believe was or is the actual person being impersonated.

 

The actual person may sue for actual damages, injunctive and declaratory relief. The court may also award attorneys’ fees and costs to the prevailing party.

Bill number

Sponsor

Title

Status

Summary

Washington HB 1652

Frockt

Regarding electronic impersonation.

Effective date 6/7/2012. – 03/07/2012

H.B. 1652 would create a private right of action for invasion of privacy if a person impersonates another actual person on a social networking web site or online bulletin board without the actual person’s consent with the intent to deceive, mislead, harass, threaten or intimidate and the impersonation resulted in injury to the actual person. Injury may be harm to reputation, humiliation, harm to professional reputation, financial standing or actual injury.

 

“Impersonates” or “impersonation” is defined as using an actual person’s name or likeness to create an impersonation that another person could reasonably believe or did reasonably believe was or is the actual person being impersonated.

 

The actual person may sue for actual damages, injunctive and declaratory relief. The court may also award attorneys’ fees and costs to the prevailing party.

Bill number

Washington SB 6251

Sponsor

Kohl-Welles

Title

Regulating advertising of commercial sexual abuse of a minor.

Status

Effective date 6/7/2012. – 03/29/2012

Summary

S.B. 6251 makes it illegal to use a depiction of a minor in an advertisement for a commercial sex act.

 

“Commercial sex act” means any act of sexual contact or sexual intercourse for which something of value is given or received by any person.

 

This legislation appears to be addressed to ads for escort services that use pictures of minors.

Bill number

Sponsor

Title

Status

Summary

Washington SB 6251

Kohl-Welles

Regulating advertising of commercial sexual abuse of a minor.

Effective date 6/7/2012. – 03/29/2012

S.B. 6251 makes it illegal to use a depiction of a minor in an advertisement for a commercial sex act.

 

“Commercial sex act” means any act of sexual contact or sexual intercourse for which something of value is given or received by any person.

 

This legislation appears to be addressed to ads for escort services that use pictures of minors.

West Virginia

Bill number

West Virginia SB 596

Sponsor

Palumbo

Title

Prohibiting child erotica

Status

Effective Ninety Days from Passage – (June 8, 2012) – 03/10/2012

Summary

S.B. 596 make it illegal for any adult to knowingly and intentionally produces, possesses, displays or distributes any visual portrayals of minors who are partially clothed, where the visual portrayals are:

(1) Unrelated to the sale of a commercially available legal product; and

(2) used for purely prurient purposes.

 

“Purely prurient purposes”​is defined as meaning for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals prohibited by this section.

 

“Commercially available”​means for sale to the general public.

Bill number

Sponsor

Title

Status

Summary

West Virginia SB 596

Palumbo

Prohibiting child erotica

Effective Ninety Days from Passage – (June 8, 2012) – 03/10/2012

S.B. 596 make it illegal for any adult to knowingly and intentionally produces, possesses, displays or distributes any visual portrayals of minors who are partially clothed, where the visual portrayals are:

(1) Unrelated to the sale of a commercially available legal product; and

(2) used for purely prurient purposes.

 

“Purely prurient purposes”​is defined as meaning for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals prohibited by this section.

 

“Commercially available”​means for sale to the general public.

Wisconsin

Bill number

Wisconsin AB 644

Sponsor

Knilans

Title

School bullying, unlawful use of computer systems, and providing a penalty.

Status

Asm.Failed to pass pursuant to Senate Joint Resolution 1 – 03/23/2012

Summary

A.B. 644 amends Wisconsin’s harassment law to apply to any communication posted where others can see it.

 

The present law bars communication made with intent to harass, annoy, or offend another person, and the communication is made using any obscene, lewd, or profane language or suggests any lewd or lascivious act.

 

The existing law already applies to other electronic communication.

 

The language is identical to S.B. 427.

Bill number

Sponsor

Title

Status

Summary

Wisconsin AB 644

Knilans

School bullying, unlawful use of computer systems, and providing a penalty.

Asm.Failed to pass pursuant to Senate Joint Resolution 1 – 03/23/2012

A.B. 644 amends Wisconsin’s harassment law to apply to any communication posted where others can see it.

 

The present law bars communication made with intent to harass, annoy, or offend another person, and the communication is made using any obscene, lewd, or profane language or suggests any lewd or lascivious act.

 

The existing law already applies to other electronic communication.

 

The language is identical to S.B. 427.

Bill number

Wisconsin AB 649

Sponsor

Jacque

Title

Prohibiting certain computer messages or postings that invite harassment or obscene, lewd, or profane communication and providing a penalty.

Status

Asm.Failed to pass pursuant to Senate Joint Resolution 1 – 03/23/2012

Summary

A.B. 649 creates the crime of inviting harassment against another person. It would be illegal to communicate a message on a computerized communication system if all of the following apply:

1.The actor’s message invites another to contact a specified individual and use obscene, lewd, or profane language or suggest a lewd or lascivious act in the contact.

2.The actor’s message includes information on how to contact the individual.

3.The actor intends that the individual be harassed, frightened, intimidated, threatened, or abused by the invited contact.

4. As a result of the actor’s message, a person contacts the specified individual and uses obscene, lewd, or profane language or suggests a lewd or lascivious act in the contact and it harasses, frightens, intimidates, threatens, or abuses the specified individual.

Bill number

Sponsor

Title

Status

Summary

Wisconsin AB 649

Jacque

Prohibiting certain computer messages or postings that invite harassment or obscene, lewd, or profane communication and providing a penalty.

Asm.Failed to pass pursuant to Senate Joint Resolution 1 – 03/23/2012

A.B. 649 creates the crime of inviting harassment against another person. It would be illegal to communicate a message on a computerized communication system if all of the following apply:

1.The actor’s message invites another to contact a specified individual and use obscene, lewd, or profane language or suggest a lewd or lascivious act in the contact.

2.The actor’s message includes information on how to contact the individual.

3.The actor intends that the individual be harassed, frightened, intimidated, threatened, or abused by the invited contact.

4. As a result of the actor’s message, a person contacts the specified individual and uses obscene, lewd, or profane language or suggests a lewd or lascivious act in the contact and it harasses, frightens, intimidates, threatens, or abuses the specified individual.

Bill number

Wisconsin SB 427

Sponsor

T. Cullen

Title

School bullying, unlawful use of computer systems, and providing a penalty.

Status

Sen.Failed to pass pursuant to Senate Joint Resolution 1 – 03/23/2012

Summary

S.B. 427 amends Wisconsin’s harassment law to apply to any communication posted where others can see it. The existing law bars communication made with intent to harass, annoy, or offend another person, and the communication is made using any obscene, lewd, or profane language or suggests any lewd or lascivious act. The existing law already applies to other electronic communication.

 

This bill is a companion to A.B. 644.

Bill number

Sponsor

Title

Status

Summary

Wisconsin SB 427

T. Cullen

School bullying, unlawful use of computer systems, and providing a penalty.

Sen.Failed to pass pursuant to Senate Joint Resolution 1 – 03/23/2012

S.B. 427 amends Wisconsin’s harassment law to apply to any communication posted where others can see it. The existing law bars communication made with intent to harass, annoy, or offend another person, and the communication is made using any obscene, lewd, or profane language or suggests any lewd or lascivious act. The existing law already applies to other electronic communication.

 

This bill is a companion to A.B. 644.