Bills Tracked in 2013


Click each state below to see the bills that Media Coalition tracked during the 2013 legislative session.

Total: 100 bills


Arkansas

Bill number

Arkansas SB 14

Sponsor

G. Stubblefield

Title

CREATING THE OFFENSE OF INTERFERENCE WITH A LIVESTOCK OR POULTRY OPERATION.

Status

The bill died in the Senate.

Summary

S.B. 14 is an ag-gag bill but does not include a provision requiring that images or audio be turned over to police.

Bill number

Sponsor

Title

Status

Summary

Arkansas SB 14

G. Stubblefield

CREATING THE OFFENSE OF INTERFERENCE WITH A LIVESTOCK OR POULTRY OPERATION.

The bill died in the Senate.

S.B. 14 is an ag-gag bill but does not include a provision requiring that images or audio be turned over to police.

California

Bill number

California AB 1256

Sponsor

Bloom

Title

Civil law: privacy: entry and exit of facilities.

Status

The bill carried over to 2014. Signed by the Governor on September 30, 2014.

Summary

A.B. 1256 broadens the existing anti-paparazzi law to include restrictions on capturing images or sound in places that a person has a reasonable expectation of privacy but is not limited to that person’s home or property.

Bill number

Sponsor

Title

Status

Summary

California AB 1256

Bloom

Civil law: privacy: entry and exit of facilities.

The bill carried over to 2014. Signed by the Governor on September 30, 2014.

A.B. 1256 broadens the existing anti-paparazzi law to include restrictions on capturing images or sound in places that a person has a reasonable expectation of privacy but is not limited to that person’s home or property.

Bill number

California SB 568

Sponsor

Steinberg

Title

Privacy: Internet: minors.

Status

Signed by the Governor on September 23, 2013.

Summary

S.B. 568 would bar any operator of a web site directed at minors that has actual knowledge that a minor was accessing the site could not market or advertise any product or service to the minor if the minor could not legally purchase the item or participate in the service in the state.

 

It also bars the site operator from allowing a third party to capture information about the minor for marketing such items or service to the minor.

 

The site operator must permit a minor to remove content or information from the site that the minor had posted. The site must make the minor aware that he or she can do so.

Bill number

Sponsor

Title

Status

Summary

California SB 568

Steinberg

Privacy: Internet: minors.

Signed by the Governor on September 23, 2013.

S.B. 568 would bar any operator of a web site directed at minors that has actual knowledge that a minor was accessing the site could not market or advertise any product or service to the minor if the minor could not legally purchase the item or participate in the service in the state.

 

It also bars the site operator from allowing a third party to capture information about the minor for marketing such items or service to the minor.

 

The site operator must permit a minor to remove content or information from the site that the minor had posted. The site must make the minor aware that he or she can do so.

Bill number

California SB 606

Sponsor

De Leon

Title

Harassment: child or ward.

Status

Signed by the Governor on September 24, 2013.

Summary

S.B. 606 would bar harassment based on one’s parent’s occupation. Harass is defined as knowing and willful conduct directed at a specific child that seriously alarms, annoys, torments, or terrorizes the child, and that serves no legitimate purpose.

 

It includes but isn’t limited to any actual or attempted recording of the child’s image or voice, or both, without the written consent of the child’s parent or legal guardian, by following the child’s activities or lying in wait.

 

The conduct must be such as would cause a reasonable child to suffer substantial emotional distress or actually cause the victim to suffer substantial emotional distress.

Bill number

Sponsor

Title

Status

Summary

California SB 606

De Leon

Harassment: child or ward.

Signed by the Governor on September 24, 2013.

S.B. 606 would bar harassment based on one’s parent’s occupation. Harass is defined as knowing and willful conduct directed at a specific child that seriously alarms, annoys, torments, or terrorizes the child, and that serves no legitimate purpose.

 

It includes but isn’t limited to any actual or attempted recording of the child’s image or voice, or both, without the written consent of the child’s parent or legal guardian, by following the child’s activities or lying in wait.

 

The conduct must be such as would cause a reasonable child to suffer substantial emotional distress or actually cause the victim to suffer substantial emotional distress.

Colorado

Bill number

Colorado HB 1317

Sponsor

PABON

Title

Implement Amendment 64 Majority Recommendation

Status

Signed by the Governor on May 28, 2013.

Summary

H.B. 1317 would require magazines whose primary focus is marijuana or marijuana businesses are only sold in retail stores, marijuana stores or behind the counter at other establishments where anyone under 21 is permitted to be present.

 

Primary focus is not defined in the bill.

Bill number

Sponsor

Title

Status

Summary

Colorado HB 1317

PABON

Implement Amendment 64 Majority Recommendation

Signed by the Governor on May 28, 2013.

H.B. 1317 would require magazines whose primary focus is marijuana or marijuana businesses are only sold in retail stores, marijuana stores or behind the counter at other establishments where anyone under 21 is permitted to be present.

 

Primary focus is not defined in the bill.

Connecticut

Bill number

Connecticut HB 5377

Sponsor

Arthur J. O’Neill

Title

AN ACT ESTABLISHING A TASK FORCE TO STUDY THE RELATIONSHIPS BETWEEN THE USE OF PSYCHOTROPIC DRUGS, VIOLENT MEDIA AND MASS VIOLENCE

Status

The bill died in the Joint Committee on Public Health.

Summary

H.B. 5377 would create a commission to study any correlation between the use of violent media, including violent video games, and mass shootings.

 

It would also study the potential relationship between the use of psychotropic drugs and incidents of mass shootings or attempted mass shootings.

Bill number

Sponsor

Title

Status

Summary

Connecticut HB 5377

Arthur J. O’Neill

AN ACT ESTABLISHING A TASK FORCE TO STUDY THE RELATIONSHIPS BETWEEN THE USE OF PSYCHOTROPIC DRUGS, VIOLENT MEDIA AND MASS VIOLENCE

The bill died in the Joint Committee on Public Health.

H.B. 5377 would create a commission to study any correlation between the use of violent media, including violent video games, and mass shootings.

 

It would also study the potential relationship between the use of psychotropic drugs and incidents of mass shootings or attempted mass shootings.

Bill number

Connecticut HB 5523

Sponsor

Jeffrey J. Berger

Title

AN ACT CONCERNING COMMERCIAL SEXUAL EXPLOITATION OF A MINOR

Status

The bill died in the Joint Committee on Judiciary.

Summary

H.B. 5523 would make it a crime to knowingly publish, disseminate or display an advertisement for a commercial sex act which is to take place in the state that includes a depiction of a minor.

 

It appears that the intent of the bill is to hold publishers strictly liable for publishing such an ad if the image is of a minor. The attached statement of purpose of the bill is to require that publishers ascertain the age of persons depicted in those advertisements prior to publication.

Bill number

Sponsor

Title

Status

Summary

Connecticut HB 5523

Jeffrey J. Berger

AN ACT CONCERNING COMMERCIAL SEXUAL EXPLOITATION OF A MINOR

The bill died in the Joint Committee on Judiciary.

H.B. 5523 would make it a crime to knowingly publish, disseminate or display an advertisement for a commercial sex act which is to take place in the state that includes a depiction of a minor.

 

It appears that the intent of the bill is to hold publishers strictly liable for publishing such an ad if the image is of a minor. The attached statement of purpose of the bill is to require that publishers ascertain the age of persons depicted in those advertisements prior to publication.

Bill number

Connecticut HB 5735

Sponsor

DebraLee Hovey

Title

AN ACT ESTABLISHING A SALES TAX ON CERTAIN VIDEO GAMES

Status

The bill died in the Senate Committee on Finance, Revenue and Bonding

Summary

H.B. 5735 would impose a 10% sales tax on the purchase of any video game rated mature. The bill does not indicate that this must be the ESRB rating.

 

The money raised by the tax is to be used by the Department of Mental Health and Addiction Services to develop informational materials to educate families on the warning signs of video game addiction and antisocial behavior.

 

The sponsor represents Newtown and is the Assistant Republican Leader.

Bill number

Sponsor

Title

Status

Summary

Connecticut HB 5735

DebraLee Hovey

AN ACT ESTABLISHING A SALES TAX ON CERTAIN VIDEO GAMES

The bill died in the Senate Committee on Finance, Revenue and Bonding

H.B. 5735 would impose a 10% sales tax on the purchase of any video game rated mature. The bill does not indicate that this must be the ESRB rating.

 

The money raised by the tax is to be used by the Department of Mental Health and Addiction Services to develop informational materials to educate families on the warning signs of video game addiction and antisocial behavior.

 

The sponsor represents Newtown and is the Assistant Republican Leader.

Bill number

Connecticut HB 6224

Sponsor

Michelle L. Cook

Title

AN ACT PROTECTING MINORS FROM EXPLOITIVE ELECTRONIC APPLICATIONS

Status

The bill died in the Joint Committee on Judiciary.

Summary

No text of the bill was ever produced.

Bill number

Sponsor

Title

Status

Summary

Connecticut HB 6224

Michelle L. Cook

AN ACT PROTECTING MINORS FROM EXPLOITIVE ELECTRONIC APPLICATIONS

The bill died in the Joint Committee on Judiciary.

No text of the bill was ever produced.

Bill number

Connecticut HB 6500

Sponsor

Children Committee

Title

AN ACT PROHIBITING THE PUBLICATION OF ADVERTISEMENTS FOR COMMERCIAL SEXUAL ACTS THAT DEPICT A MINOR

Status

The bill died in the House Committee on Judiciary.

Summary

H.B. 6500 makes it a crime to knowingly publish, disseminate or display, or directly or indirectly cause to be published, disseminated or displayed, any advertisement for a commercial sex act that includes a depiction of a minor.

 

It is an affirmative defense that the defendant, prior to publishing, disseminating or displaying, or directly or indirectly causing to be published, disseminated or displayed, the advertisement, made a reasonable bona fide attempt to ascertain the true age of the person depicted by requiring the person to produce a government-issue or school-issued identity card that includes the age of the person. The publisher must retain and produce a copy or other record of the government or school document used to ascertain the age of the person depicted.

Bill number

Sponsor

Title

Status

Summary

Connecticut HB 6500

Children Committee

AN ACT PROHIBITING THE PUBLICATION OF ADVERTISEMENTS FOR COMMERCIAL SEXUAL ACTS THAT DEPICT A MINOR

The bill died in the House Committee on Judiciary.

H.B. 6500 makes it a crime to knowingly publish, disseminate or display, or directly or indirectly cause to be published, disseminated or displayed, any advertisement for a commercial sex act that includes a depiction of a minor.

 

It is an affirmative defense that the defendant, prior to publishing, disseminating or displaying, or directly or indirectly causing to be published, disseminated or displayed, the advertisement, made a reasonable bona fide attempt to ascertain the true age of the person depicted by requiring the person to produce a government-issue or school-issued identity card that includes the age of the person. The publisher must retain and produce a copy or other record of the government or school document used to ascertain the age of the person depicted.

Bill number

Connecticut SB 260

Sponsor

L. Scott Frantz

Title

AN ACT CONCERNING THE EFFECTS OF VIOLENT VIDEO GAMES ON YOUTH BEHAVIOR

Status

The bill died in the Joint Committee on Children.

Summary

S.B. 260 would create a state task force to study the effects of violent video games on youth behavior.

Bill number

Sponsor

Title

Status

Summary

Connecticut SB 260

L. Scott Frantz

AN ACT CONCERNING THE EFFECTS OF VIOLENT VIDEO GAMES ON YOUTH BEHAVIOR

The bill died in the Joint Committee on Children.

S.B. 260 would create a state task force to study the effects of violent video games on youth behavior.

Bill number

Connecticut SB 328

Sponsor

Children Committee

Title

AN ACT CONCERNING MINORS AND VIOLENT POINT-AND-SHOOT VIDEO GAMES

Status

The bill died in the House Committee on Judiciary.

Summary

S.B. 328 would require owners of public establishments or arcades to bar minors from using any violent point-and-shoot video game.

 

The bill also would create the Violent video Game Task Force. The task force would:

(1) Study the effects of violent video games on youth behavior;

(2) make policy recommendations to the legislature and the Governor to address the findings of the task force;

(3) gather and maintain current information regarding violent video games that can be used to better understand the impact of violent video games on youth behavior; and

(4) advise the legislature and Governor concerning the coordination and administration of state programs that may reduce the effects of violent video games on youth behavior.

 

The task force shall consist of the following members (or their designee):

(1) The Commissioner of Children and Families

(2) the Commissioner of social services

(3) the Commissioner of Correction

(4) the Executive Director of the Court Support Services Division of the Judicial Branch

(5) the Chief State’s Attorney

(6) one member of the General Assembly appointed by the president pro tempore of the Senate

(7) one member of the General Assembly appointed by the speaker of the House

(8) one member of the General Assembly appointed by the majority leader of the Senate

(9) one member of the General Assembly appointed by the majority leader of the House

(10) one member of the General Assembly appointed by the minority leader of the Senate

(11) one member of the General Assembly appointed by the minority leader of the House and

(12) one member designated by the Commission on Children.

 

The task force’s work would be completed no later by October 1, 2014.

 

Read the legal memo we filed on S.B. 328

Bill number

Sponsor

Title

Status

Summary

Connecticut SB 328

Children Committee

AN ACT CONCERNING MINORS AND VIOLENT POINT-AND-SHOOT VIDEO GAMES

The bill died in the House Committee on Judiciary.

S.B. 328 would require owners of public establishments or arcades to bar minors from using any violent point-and-shoot video game.

 

The bill also would create the Violent video Game Task Force. The task force would:

(1) Study the effects of violent video games on youth behavior;

(2) make policy recommendations to the legislature and the Governor to address the findings of the task force;

(3) gather and maintain current information regarding violent video games that can be used to better understand the impact of violent video games on youth behavior; and

(4) advise the legislature and Governor concerning the coordination and administration of state programs that may reduce the effects of violent video games on youth behavior.

 

The task force shall consist of the following members (or their designee):

(1) The Commissioner of Children and Families

(2) the Commissioner of social services

(3) the Commissioner of Correction

(4) the Executive Director of the Court Support Services Division of the Judicial Branch

(5) the Chief State’s Attorney

(6) one member of the General Assembly appointed by the president pro tempore of the Senate

(7) one member of the General Assembly appointed by the speaker of the House

(8) one member of the General Assembly appointed by the majority leader of the Senate

(9) one member of the General Assembly appointed by the majority leader of the House

(10) one member of the General Assembly appointed by the minority leader of the Senate

(11) one member of the General Assembly appointed by the minority leader of the House and

(12) one member designated by the Commission on Children.

 

The task force’s work would be completed no later by October 1, 2014.

 

Read the legal memo we filed on S.B. 328

Florida

Bill number

Florida HB 787

Sponsor

Justice Appropriations Subcommittee

Title

CS/ Computer or Electronic Device Harassment

Status

The bill died in the House on Calendar.

Summary

H.B. 787 bars any person from knowingly using a computer or other device to transmit or post to a website or social networking service any photograph or video of an individual which depicts nudity and contains any of the depicted person’s personal identification information or fake personal information purporting that it is true without obtaining the depicted person’s written consent.

 

Consent is not necessary if the image is captured in public and a lack of objection to the recording of the image could be reasonably implied by the subject of the photo’s conduct as consent.

 

Personal information includes one’s name, address, email, or telephone number.

 

A violation of this bill would be a felony.

 

This bill is a companion to S.B. 946.

Bill number

Sponsor

Title

Status

Summary

Florida HB 787

Justice Appropriations Subcommittee

CS/ Computer or Electronic Device Harassment

The bill died in the House on Calendar.

H.B. 787 bars any person from knowingly using a computer or other device to transmit or post to a website or social networking service any photograph or video of an individual which depicts nudity and contains any of the depicted person’s personal identification information or fake personal information purporting that it is true without obtaining the depicted person’s written consent.

 

Consent is not necessary if the image is captured in public and a lack of objection to the recording of the image could be reasonably implied by the subject of the photo’s conduct as consent.

 

Personal information includes one’s name, address, email, or telephone number.

 

A violation of this bill would be a felony.

 

This bill is a companion to S.B. 946.

Bill number

Florida SB 946

Sponsor

Criminal Justice

Title

CS/ Computer or Electronic Device Harassment

Status

The bill died in the Senate Appropriations Subcommittee on Criminal and Civil Justice.

Summary

S.B. 946 would bar any person from knowingly using a computer or other device to transmit or post to a website or social networking service any photograph or video of an individual which depicts nudity and contains any of the depicted person’s personal identification information or fake personal information purporting that it is true without obtaining the depicted person’s written consent.

 

Consent is not necessary if the image is captured in public and a lack of objection to the recording of the image could be reasonably implied by the subject of the photo’s conduct as consent.

 

Personal information includes one’s name, address, email, or telephone number.

 

A violation of this bill would be a felony.

 

This bill is a companion to H.B. 787.

Bill number

Sponsor

Title

Status

Summary

Florida SB 946

Criminal Justice

CS/ Computer or Electronic Device Harassment

The bill died in the Senate Appropriations Subcommittee on Criminal and Civil Justice.

S.B. 946 would bar any person from knowingly using a computer or other device to transmit or post to a website or social networking service any photograph or video of an individual which depicts nudity and contains any of the depicted person’s personal identification information or fake personal information purporting that it is true without obtaining the depicted person’s written consent.

 

Consent is not necessary if the image is captured in public and a lack of objection to the recording of the image could be reasonably implied by the subject of the photo’s conduct as consent.

 

Personal information includes one’s name, address, email, or telephone number.

 

A violation of this bill would be a felony.

 

This bill is a companion to H.B. 787.

Georgia

Bill number

Georgia HB 39

Sponsor

Dickerson, Pam

Title

Offenses against public order; defamation; provisions

Status

The bill died in the House.

Summary

H.B. 39 would make it a crime of defamation for a person to intentionally cause another unknowing person to be wrongfully identified as appearing nude or engaged in sexual contact in an image. It must be done in a manner that a reasonable person would conclude the person depicted in the image was of the wrongfully identified person.

 

The person may cause the unknowing person to be wrongfully identified by including their name, address, telephone number or email. It can also be done by imposing the facial image of the wrongfully identified person onto the body of a person appearing nude or engaged in sexual activity.

 

A violation is subject to up to a year in prison, a fine up to $1,000 or both.

Bill number

Sponsor

Title

Status

Summary

Georgia HB 39

Dickerson, Pam

Offenses against public order; defamation; provisions

The bill died in the House.

H.B. 39 would make it a crime of defamation for a person to intentionally cause another unknowing person to be wrongfully identified as appearing nude or engaged in sexual contact in an image. It must be done in a manner that a reasonable person would conclude the person depicted in the image was of the wrongfully identified person.

 

The person may cause the unknowing person to be wrongfully identified by including their name, address, telephone number or email. It can also be done by imposing the facial image of the wrongfully identified person onto the body of a person appearing nude or engaged in sexual activity.

 

A violation is subject to up to a year in prison, a fine up to $1,000 or both.

Bill number

Georgia HB 150

Sponsor

Bruce, Roger

Title

Law enforcement officers; the reproduction of arrest booking photographs; enact provisions

Status

Signed by the Governor on May 6, 2013.

Summary

H.B. 150 creates a statutory Right of Publicity in one’s name, image and persona for a person’s life plus 60 years. The right is limited to one’s life plus 10 years after the death of a member of the Georgia national guard or the armed forces.

 

The Right of Publicity does not apply to any literary work, dramatic work, fictional work, historical work, audiovisual work, or musical work regardless of the media in which the work appears or is transmitted; material that has political or newsworthy value; original works of fine art; or an advertisement or commercial announcement for a use permitted above.

 

A use of an aspect of an individual’s persona in connection with any news, public affairs, sports broadcast, or account or political campaign shall not constitute a use for which consent is required.

 

The law also bars any person who publishes an individual’s arrest booking photograph from charging a fee for removing such photograph from the person’s publication or website.

 

It isn’t clear that the publisher would be required to take the image down.


 

NEW NOTE: H.B. 150 was amended in the Judiciary Committee and passed out 2/26/2013.

 

The amended bill would require that anyone who publishes mug shots for people who aren’t prosecuted, are found innocent, go into a drug treatment program or certain other outcomes must remove them upon request by the person in the picture. Failure to do so is unlawful.

 

There appears to be an exception for: Acts done by publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station, or website in the publication or dissemination of news or commentary.

 

The Right of Publicity language was removed from the bill.

Bill number

Sponsor

Title

Status

Summary

Georgia HB 150

Bruce, Roger

Law enforcement officers; the reproduction of arrest booking photographs; enact provisions

Signed by the Governor on May 6, 2013.

H.B. 150 creates a statutory Right of Publicity in one’s name, image and persona for a person’s life plus 60 years. The right is limited to one’s life plus 10 years after the death of a member of the Georgia national guard or the armed forces.

 

The Right of Publicity does not apply to any literary work, dramatic work, fictional work, historical work, audiovisual work, or musical work regardless of the media in which the work appears or is transmitted; material that has political or newsworthy value; original works of fine art; or an advertisement or commercial announcement for a use permitted above.

 

A use of an aspect of an individual’s persona in connection with any news, public affairs, sports broadcast, or account or political campaign shall not constitute a use for which consent is required.

 

The law also bars any person who publishes an individual’s arrest booking photograph from charging a fee for removing such photograph from the person’s publication or website.

 

It isn’t clear that the publisher would be required to take the image down.


 

NEW NOTE: H.B. 150 was amended in the Judiciary Committee and passed out 2/26/2013.

 

The amended bill would require that anyone who publishes mug shots for people who aren’t prosecuted, are found innocent, go into a drug treatment program or certain other outcomes must remove them upon request by the person in the picture. Failure to do so is unlawful.

 

There appears to be an exception for: Acts done by publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station, or website in the publication or dissemination of news or commentary.

 

The Right of Publicity language was removed from the bill.

Hawaii

Bill number

Hawaii SB 465

Sponsor

ENGLISH

Title

Tort Actions; Physical or Constructive Invasion of Privacy; Civil Cause of Action

Status

The bill carried over to 2014 and no further action was taken. The bill is dead.

Summary

S.B. 465 would create a civil cause of action for constructive invasion of privacy if the person captures an image, makes a sound recording or other physical impression of another person engaging in personal or familial activity with a reasonable expectation of privacy and the image, recording or impression were captured in a manner that is offensive to a reasonable person.

 

Constructive invasion of privacy includes assault or false imprisonment.

 

A victim of constructive invasion of privacy may recover general damages, special damages and punitive damages of up to three times the combined total of the general and special damages.

 

If the invasion of privacy is committed for a commercial purpose, the person who captured the content is subject to disgorgement of the proceeds.

 

Any person who directs, solicits, induces or causes the invasion of privacy is subject to the same damages.

 

The bill would also subject to a cause of action any person who transmits, publishes or otherwise disseminates the images, sound recording or other impression or retransmits, republishes or otherwise further disseminates the content if:

(1) The person had actual knowledge that the content was taken or captured in violation of this section; and

(2) The person received compensation, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression.

Bill number

Sponsor

Title

Status

Summary

Hawaii SB 465

ENGLISH

Tort Actions; Physical or Constructive Invasion of Privacy; Civil Cause of Action

The bill carried over to 2014 and no further action was taken. The bill is dead.

S.B. 465 would create a civil cause of action for constructive invasion of privacy if the person captures an image, makes a sound recording or other physical impression of another person engaging in personal or familial activity with a reasonable expectation of privacy and the image, recording or impression were captured in a manner that is offensive to a reasonable person.

 

Constructive invasion of privacy includes assault or false imprisonment.

 

A victim of constructive invasion of privacy may recover general damages, special damages and punitive damages of up to three times the combined total of the general and special damages.

 

If the invasion of privacy is committed for a commercial purpose, the person who captured the content is subject to disgorgement of the proceeds.

 

Any person who directs, solicits, induces or causes the invasion of privacy is subject to the same damages.

 

The bill would also subject to a cause of action any person who transmits, publishes or otherwise disseminates the images, sound recording or other impression or retransmits, republishes or otherwise further disseminates the content if:

(1) The person had actual knowledge that the content was taken or captured in violation of this section; and

(2) The person received compensation, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression.

Illinois

Bill number

Illinois HB 3686

Sponsor

Marcus C. Evans, Jr.

Title

INTERNET PROTECTION FOR MINORS

Status

The bill was carried over to 2014. The bill died in the House.

Bill number

Sponsor

Title

Status

Illinois HB 3686

Marcus C. Evans, Jr.

INTERNET PROTECTION FOR MINORS

The bill was carried over to 2014. The bill died in the House.

Bill number

Illinois SB 1614

Sponsor

Ira I. Silverstein

Title

INTERNET POSTING REMOVAL ACT

Status

The bill was carried over to 2015. The bill died in the Senate.

Summary

S.B. 1614 would require web site administrators to remove any anonymous comments posted on his or her site if requested to do so unless the commenter agrees to attach his or her name to the comment and provide an IP address, legal name and home address to the administrator.

 

All website administrators must have contact information to allow take down requests to be made in any section of the site that allows comments.

Bill number

Sponsor

Title

Status

Summary

Illinois SB 1614

Ira I. Silverstein

INTERNET POSTING REMOVAL ACT

The bill was carried over to 2015. The bill died in the Senate.

S.B. 1614 would require web site administrators to remove any anonymous comments posted on his or her site if requested to do so unless the commenter agrees to attach his or her name to the comment and provide an IP address, legal name and home address to the administrator.

 

All website administrators must have contact information to allow take down requests to be made in any section of the site that allows comments.

Bill number

Illinois SB 1863

Sponsor

Chapin Rose

Title

SPURIOUS REAL ESTATE ADS

Status

The bill was carried over to 2015. The bill died in the Senate.

Summary

S.B. 1863 requires that a website administrator must remove any message posted on his or her web site that the law enforcement agency or real estate licensee documents is a spurious real estate advertisement within 48 hours after receiving a request to do so from a law enforcement agency or a real estate licensee.

 

A web site administrator shall post upon its web site an e-mail address and telephone number for the purpose of receiving such requests.

Bill number

Sponsor

Title

Status

Summary

Illinois SB 1863

Chapin Rose

SPURIOUS REAL ESTATE ADS

The bill was carried over to 2015. The bill died in the Senate.

S.B. 1863 requires that a website administrator must remove any message posted on his or her web site that the law enforcement agency or real estate licensee documents is a spurious real estate advertisement within 48 hours after receiving a request to do so from a law enforcement agency or a real estate licensee.

 

A web site administrator shall post upon its web site an e-mail address and telephone number for the purpose of receiving such requests.

Indiana

Bill number

Indiana SB 256

Sponsor

Merritt

Title

Crimes involving indecent images of children.

Status

The bill died in the Senate.

Summary

S.B. 256 bans the exhibition of or making available by computer matter that describes sexual conduct by a minor. The bill would also apply to material that depicts sexual conduct by a minor.

 

Existing law restricts this distribution of such content as well.

Bill number

Sponsor

Title

Status

Summary

Indiana SB 256

Merritt

Crimes involving indecent images of children.

The bill died in the Senate.

S.B. 256 bans the exhibition of or making available by computer matter that describes sexual conduct by a minor. The bill would also apply to material that depicts sexual conduct by a minor.

 

Existing law restricts this distribution of such content as well.

Bill number

Indiana SB 344

Sponsor

Head

Title

Child protection registry.

Status

The bill died in the House Committee on Judiciary.

Summary

S.B. 344 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 minor 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 S.B. 316 introduced last year and H.B. 1418 introduced two years ago.

Bill number

Sponsor

Title

Status

Summary

Indiana SB 344

Head

Child protection registry.

The bill died in the House Committee on Judiciary.

S.B. 344 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 minor 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 S.B. 316 introduced last year and H.B. 1418 introduced two years ago.

Bill number

Indiana SB 373

Sponsor

Holdman

Title

Criminal trespass and application fraud.

Status

The bill died in the House.

Summary

S.B. 373 makes it a crime to:

a. person capturing the image has entered real property being on which agricultural or industrial operations are being conducted and he or she does not own, takes a picture; and

b. captures an image of the property, structures on the property or agricultural or industrial operation; and

c. disseminate the image without the consent of the owner of the property.

 

It is a defense to prosecution if the person capturing the image believed that it was of illegal activity and presented it within 48 hours to a law enforcement agency or a body with regulatory oversight of the operation and didn’t otherwise disseminate the image.

Bill number

Sponsor

Title

Status

Summary

Indiana SB 373

Holdman

Criminal trespass and application fraud.

The bill died in the House.

S.B. 373 makes it a crime to:

a. person capturing the image has entered real property being on which agricultural or industrial operations are being conducted and he or she does not own, takes a picture; and

b. captures an image of the property, structures on the property or agricultural or industrial operation; and

c. disseminate the image without the consent of the owner of the property.

 

It is a defense to prosecution if the person capturing the image believed that it was of illegal activity and presented it within 48 hours to a law enforcement agency or a body with regulatory oversight of the operation and didn’t otherwise disseminate the image.

Bill number

Indiana SB 404

Title

Minors and sexually oriented businesses.

Status

The bill died in the House.

Summary

S.B. 404 bars anyone under the age of 21 from a sexually oriented business.

 

Sexually oriented business includes a book or video store with at least 30% of stock and trade devoted to adult books or videos.

Bill number

Title

Status

Summary

Indiana SB 404

Minors and sexually oriented businesses.

The bill died in the House.

S.B. 404 bars anyone under the age of 21 from a sexually oriented business.

 

Sexually oriented business includes a book or video store with at least 30% of stock and trade devoted to adult books or videos.

Kansas

Bill number

Kansas HB 2165

Sponsor

Committee on Judiciary

Title

Amending the crime of promotion to minors of material harmful to minors.

Status

The bill was carried over to 2014. The bill died in the House Committee on Corrections and Juvenile Justice.

Summary

H.B. 2165 would change the scienter requirement from knowing to reckless for the purpose of the state statute barring the display to a minor of material harmful to minors.

 

It would also broaden the law to apply to all non-commercial establishments. Presently, it only applies to commercial establishments.

 

Read the legal memo we filed on H.B. 2165

Bill number

Sponsor

Title

Status

Summary

Kansas HB 2165

Committee on Judiciary

Amending the crime of promotion to minors of material harmful to minors.

The bill was carried over to 2014. The bill died in the House Committee on Corrections and Juvenile Justice.

H.B. 2165 would change the scienter requirement from knowing to reckless for the purpose of the state statute barring the display to a minor of material harmful to minors.

 

It would also broaden the law to apply to all non-commercial establishments. Presently, it only applies to commercial establishments.

 

Read the legal memo we filed on H.B. 2165

Kentucky

Bill number

Kentucky HB 81

Sponsor

J. Adams

Title

AN ACT relating to harassing communications

Status

The bill died in the House Committee on Judiciary.

Summary

H.B. 81 would make it a crime to communicate by any electronic means with an intent to annoy or alarm:

(1) to communicate in any written form in a manner which causes annoyance or alarm and serves no purpose of legitimate communication; or

(2) any comment, request, suggestion or proposal if it is lewd, lascivious, filthy or indecent.

 

Electronic communication includes by Internet, email, radio and cable.

 

Legitimate communication is not defined.

Bill number

Sponsor

Title

Status

Summary

Kentucky HB 81

J. Adams

AN ACT relating to harassing communications

The bill died in the House Committee on Judiciary.

H.B. 81 would make it a crime to communicate by any electronic means with an intent to annoy or alarm:

(1) to communicate in any written form in a manner which causes annoyance or alarm and serves no purpose of legitimate communication; or

(2) any comment, request, suggestion or proposal if it is lewd, lascivious, filthy or indecent.

 

Electronic communication includes by Internet, email, radio and cable.

 

Legitimate communication is not defined.

Massachusetts

Bill number

Massachusetts SB 168

Sponsor

Sen. Brownsberger, W.

Title

Resolve establishing a special commission to investigate video games as a form of media and as a training tool

Status

The bill was carried over to 2014. The bill was converted into a study bill and died in the House.

Summary

S.B. 168 would create a commission to study video games that allow a player to simulate severe battery or killing, which the bill describes as killing games.

 

The commission will study, investigate, and provide conclusions regarding:

(i) the social benefits, impacts and implications of video games in general and killing games in particular, comparing the impact on youth with the impact on adults;

(ii) the use of video games as military training devices, educational devices, and other training applications;

(iii) how video games compare to other forms of media in terms of their ability to recreate a realistic experience, to desensitize the consumer, to train the consumer to accept certain ideas, and to teach the player new skills or capabilities;

(iv) the addictive quality of video games;

(v) any connection, including any exposure to or imitation of behaviors exhibited in video games, between killing games and actual violence, including rampage killings that have taken place since 1990;

(vi) the reasoning and conclusions drawn in the majority, concurring, and dissenting opinions in Brown v. Entertainment Merchants Association, as well as other freedom of speech considerations relative to the regulation of video games, in light of the conclusions drawn by the commission pursuant to (i)-(v); and

(vii) the anticipated cost of any proposals to regulate video games.

 

Read the legal memo we filed on S.B. 168

Bill number

Sponsor

Title

Status

Summary

Massachusetts SB 168

Sen. Brownsberger, W.

Resolve establishing a special commission to investigate video games as a form of media and as a training tool

The bill was carried over to 2014. The bill was converted into a study bill and died in the House.

S.B. 168 would create a commission to study video games that allow a player to simulate severe battery or killing, which the bill describes as killing games.

 

The commission will study, investigate, and provide conclusions regarding:

(i) the social benefits, impacts and implications of video games in general and killing games in particular, comparing the impact on youth with the impact on adults;

(ii) the use of video games as military training devices, educational devices, and other training applications;

(iii) how video games compare to other forms of media in terms of their ability to recreate a realistic experience, to desensitize the consumer, to train the consumer to accept certain ideas, and to teach the player new skills or capabilities;

(iv) the addictive quality of video games;

(v) any connection, including any exposure to or imitation of behaviors exhibited in video games, between killing games and actual violence, including rampage killings that have taken place since 1990;

(vi) the reasoning and conclusions drawn in the majority, concurring, and dissenting opinions in Brown v. Entertainment Merchants Association, as well as other freedom of speech considerations relative to the regulation of video games, in light of the conclusions drawn by the commission pursuant to (i)-(v); and

(vii) the anticipated cost of any proposals to regulate video games.

 

Read the legal memo we filed on S.B. 168

Bill number

Massachusetts SB 1630

Sponsor

Sen. Rosenberg, S.

Title

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

Status

The bill was carried over to 2014. The bill accompanied a new draft, Senate Bill 2022, which was carried over to 2015 and died in the House Committee on Ways and Means.

Summary

Creates a statutory right of publicity for the life of a person plus 70 years.

 

The right does not apply to:

(i) use of 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) use of personality’s identity in an advertisement, promotion or commercial announcement for any such news report, commentary or work containing the personality’s identity,

(iii) use of 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) use of a personality’s identity or a group of personalities’ identities in a manner that is incidental or de minimis or

(v) use of a personality’s identity in a manner that is otherwise permitted by law.

Bill number

Sponsor

Title

Status

Summary

Massachusetts SB 1630

Sen. Rosenberg, S.

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

The bill was carried over to 2014. The bill accompanied a new draft, Senate Bill 2022, which was carried over to 2015 and died in the House Committee on Ways and Means.

Creates a statutory right of publicity for the life of a person plus 70 years.

 

The right does not apply to:

(i) use of 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) use of personality’s identity in an advertisement, promotion or commercial announcement for any such news report, commentary or work containing the personality’s identity,

(iii) use of 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) use of a personality’s identity or a group of personalities’ identities in a manner that is incidental or de minimis or

(v) use of a personality’s identity in a manner that is otherwise permitted by law.

Maryland

Bill number

Maryland HB 316

Sponsor

Davis

Title

Consumer Protection – Children’s Online Privacy Protection

Status

The bill died in the House Committee on Economic Matters.

Summary

H.B. 316 provides a private cause of action against an operator of a website who violates COPPA.

Bill number

Sponsor

Title

Status

Summary

Maryland HB 316

Davis

Consumer Protection – Children’s Online Privacy Protection

The bill died in the House Committee on Economic Matters.

H.B. 316 provides a private cause of action against an operator of a website who violates COPPA.

Bill number

Maryland HB 969

Sponsor

George

Title

Commission to Consider Mental Health-Related Ways to Limit Mass Violence by Individuals with Antisocial Personality Disorders, Depressive Disorders, or Other Mental Illness

Status

The bill died in the House Committee of Health and Government Operations.

Summary

H.B. 969 would create a commission to study ways to limit violence by people with mental illness. It includes language allowing professional testimony on pertinent topics, including the effects of violent video games on individuals who are socially withdrawn and cognitively involved with the games.

 

It also discusses creating a hotline for parents concerned that their children are displaying addictive behavior toward violent video games.

Bill number

Sponsor

Title

Status

Summary

Maryland HB 969

George

Commission to Consider Mental Health-Related Ways to Limit Mass Violence by Individuals with Antisocial Personality Disorders, Depressive Disorders, or Other Mental Illness

The bill died in the House Committee of Health and Government Operations.

H.B. 969 would create a commission to study ways to limit violence by people with mental illness. It includes language allowing professional testimony on pertinent topics, including the effects of violent video games on individuals who are socially withdrawn and cognitively involved with the games.

 

It also discusses creating a hotline for parents concerned that their children are displaying addictive behavior toward violent video games.

Bill number

Maryland HB 1271

Sponsor

Rosenberg

Title

Courts – Unauthorized Use of Name or Likeness

Status

The bill died in the House Committee on Judiciary.

Summary

H.B. 1271 would create a statutory right of publicity in Maryland.

Bill number

Sponsor

Title

Status

Summary

Maryland HB 1271

Rosenberg

Courts – Unauthorized Use of Name or Likeness

The bill died in the House Committee on Judiciary.

H.B. 1271 would create a statutory right of publicity in Maryland.

Bill number

Maryland SB 374

Sponsor

Astle

Title

Office of the Attorney General – Workgroup on Children’s Online Privacy Protection

Status

Signed by the Governor on May 2, 2013.

Summary

S.B. 374 provides a private cause of action against an operator of a website who violates COPPA.

 

It is a companion to H.B. 316.

Bill number

Sponsor

Title

Status

Summary

Maryland SB 374

Astle

Office of the Attorney General – Workgroup on Children’s Online Privacy Protection

Signed by the Governor on May 2, 2013.

S.B. 374 provides a private cause of action against an operator of a website who violates COPPA.

 

It is a companion to H.B. 316.

Missouri

Bill number

Missouri HB 157

Sponsor

Franklin, Diane

Title

Institutes a tax on violent video games

Status

The bill died in the House.

Summary

H.B. 157 would impose a 1% sales tax on the sale or rental of any violent video game. Violent video games are defined as any game rated Teen, Mature or Adults Only by the ESRB.

 

The money is to be used solely to treatment of mental health conditions associated with exposure to violent video games.

Bill number

Sponsor

Title

Status

Summary

Missouri HB 157

Franklin, Diane

Institutes a tax on violent video games

The bill died in the House.

H.B. 157 would impose a 1% sales tax on the sale or rental of any violent video game. Violent video games are defined as any game rated Teen, Mature or Adults Only by the ESRB.

 

The money is to be used solely to treatment of mental health conditions associated with exposure to violent video games.

Bill number

Missouri HB 893

Sponsor

Franklin, Diane

Title

Authorizes a violent video game excise tax to be deposited in the Violent Video Game Excise Tax Fund and distributed to the departments of Revenue, Mental Health, and Public Safety

Status

The bill died in the House Committee on Ways and Means.

Summary

H.B. 893 would impose a $1 sales tax on the sale, rental or use of any violent video game. Violent video games are defined as any game rated Teen, Mature or Adults Only by the ESRB.

 

The money is to be used solely to treatment of mental health conditions associated with exposure to violent video games.

Bill number

Sponsor

Title

Status

Summary

Missouri HB 893

Franklin, Diane

Authorizes a violent video game excise tax to be deposited in the Violent Video Game Excise Tax Fund and distributed to the departments of Revenue, Mental Health, and Public Safety

The bill died in the House Committee on Ways and Means.

H.B. 893 would impose a $1 sales tax on the sale, rental or use of any violent video game. Violent video games are defined as any game rated Teen, Mature or Adults Only by the ESRB.

 

The money is to be used solely to treatment of mental health conditions associated with exposure to violent video games.

Nebraska

Bill number

Nebraska LB 204

Sponsor

Larson

Title

Change and provide criminal sanctions regarding animals and animal facilities

Status

The bill was carried over to 2014. The bill died in the Judiciary Committee.

Summary

L.B. 204 is an ag-gag bill that requires any person who sees what they believe to be an animal that has been abandoned, cruelly neglected, or cruelly mistreated must report it to the police or other government officials within 24 hours and must submit to the police or other officials any images captured by the observer.

Bill number

Sponsor

Title

Status

Summary

Nebraska LB 204

Larson

Change and provide criminal sanctions regarding animals and animal facilities

The bill was carried over to 2014. The bill died in the Judiciary Committee.

L.B. 204 is an ag-gag bill that requires any person who sees what they believe to be an animal that has been abandoned, cruelly neglected, or cruelly mistreated must report it to the police or other government officials within 24 hours and must submit to the police or other officials any images captured by the observer.

Bill number

Nebraska LB 355

Sponsor

Larson

Title

Change the age of majority and certain age requirements

Status

The bill was carried over to 2014. The bill died in the Judiciary Committee.

Summary

L.B. 355 would change the age of a perpetrator in the existing enticement statute from any 19 years old or older to 18 years old or older.

 

However, the existing enticement statute is unconstitutional. It creates the crime of enticement by electronic communication device is he or she is 19 years of age or over and knowingly and intentionally utilizes an electronic communication device to contact a child under 16 years of age or a police officer who is believed by such person to be a child under 16 years of age and in so doing:

(a) Uses or transmits any indecent, lewd, lascivious, or obscene language, writing, or sound;

(b) Transmits or otherwise disseminates any visual depiction of sexually explicit conduct; or

(c) Offers or solicits any indecent, lewd or lascivious act.

Bill number

Sponsor

Title

Status

Summary

Nebraska LB 355

Larson

Change the age of majority and certain age requirements

The bill was carried over to 2014. The bill died in the Judiciary Committee.

L.B. 355 would change the age of a perpetrator in the existing enticement statute from any 19 years old or older to 18 years old or older.

 

However, the existing enticement statute is unconstitutional. It creates the crime of enticement by electronic communication device is he or she is 19 years of age or over and knowingly and intentionally utilizes an electronic communication device to contact a child under 16 years of age or a police officer who is believed by such person to be a child under 16 years of age and in so doing:

(a) Uses or transmits any indecent, lewd, lascivious, or obscene language, writing, or sound;

(b) Transmits or otherwise disseminates any visual depiction of sexually explicit conduct; or

(c) Offers or solicits any indecent, lewd or lascivious act.

Bill number

Nebraska LB 498

Sponsor

Brasch

Title

Provide for declaratory judgment and injunctive relief against foreign defamation judgments

Status

The bill was carried over to 2014. The bill died in the Judiciary Committee.

Summary

L.B. 498 would bar any Nebraska court from recognizing any foreign defamation judgment unless the court determined that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as would be provided under the Constitutions of the United States and Nebraska.

 

A court must also decline to recognize a foreign defamation judgment if:

(a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable such defendant to provide a defense;

(b) The judgment was obtained by fraud;

(c) The cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state;

(d) The judgment conflicts with another final and conclusive order;

(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court;

(f) In the case of jurisdiction based only on personal service, the foreign court was an inconvenient forum for the trial of the action; or

(g) The foreign jurisdiction where judgment was rendered would not give recognition to a similar judgment rendered in this state.

 

Any person against whom a foreign defamation judgment has been entered may bring a declaratory judgment or seek an injunction to bar enforcement. The action may be brought prior to the foreign adjudication being completed.

 

Courts in the state are granted jurisdiction over anyone bringing a defamation in a foreign territory by virtue of that action having been filed.

Bill number

Sponsor

Title

Status

Summary

Nebraska LB 498

Brasch

Provide for declaratory judgment and injunctive relief against foreign defamation judgments

The bill was carried over to 2014. The bill died in the Judiciary Committee.

L.B. 498 would bar any Nebraska court from recognizing any foreign defamation judgment unless the court determined that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as would be provided under the Constitutions of the United States and Nebraska.

 

A court must also decline to recognize a foreign defamation judgment if:

(a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable such defendant to provide a defense;

(b) The judgment was obtained by fraud;

(c) The cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state;

(d) The judgment conflicts with another final and conclusive order;

(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court;

(f) In the case of jurisdiction based only on personal service, the foreign court was an inconvenient forum for the trial of the action; or

(g) The foreign jurisdiction where judgment was rendered would not give recognition to a similar judgment rendered in this state.

 

Any person against whom a foreign defamation judgment has been entered may bring a declaratory judgment or seek an injunction to bar enforcement. The action may be brought prior to the foreign adjudication being completed.

 

Courts in the state are granted jurisdiction over anyone bringing a defamation in a foreign territory by virtue of that action having been filed.

Nevada

Bill number

Nevada SB 414

Sponsor

Judiciary

Title

Prohibits transmitting or distributing certain images of bullying involving a child under certain circumstances. (BDR 15-70)

Status

Signed by the Governor on June 1, 2013.

Summary

S.B. 414 would bar a minor from knowingly and willfully disseminating using an electronic device an image of a violent offense being committed against a minor with the intent to encourage, further or promote such an offense or to cause harm to the minor.

 

Violent offense is any offense involving the use of force or threatened use of force against a minor. The definition is not explicitly limited to crimes.

 

The bill does not define what cause harm to a minor means.

Bill number

Sponsor

Title

Status

Summary

Nevada SB 414

Judiciary

Prohibits transmitting or distributing certain images of bullying involving a child under certain circumstances. (BDR 15-70)

Signed by the Governor on June 1, 2013.

S.B. 414 would bar a minor from knowingly and willfully disseminating using an electronic device an image of a violent offense being committed against a minor with the intent to encourage, further or promote such an offense or to cause harm to the minor.

 

Violent offense is any offense involving the use of force or threatened use of force against a minor. The definition is not explicitly limited to crimes.

 

The bill does not define what cause harm to a minor means.

New Hampshire

Bill number

New Hampshire HB 110

Sponsor

Haefner

Title

Requiring persons who record cruelty to livestock to report such cruelty and submit such recordings to a law enforcement agency.

Status

The bill was carried over to 2014. The bill died in the House Committee on Environment and Agriculture.

Summary

H.B. 110 requires any person who captures images of animal cruelty as committed against livestock shall have a duty to report such activities to law enforcement authorities and shall submit any unedited photographs or video recordings to the law enforcement authorities within 24 hours of the recording’s creation.

 

Read the legal memo we filed on H.B. 110

Bill number

Sponsor

Title

Status

Summary

New Hampshire HB 110

Haefner

Requiring persons who record cruelty to livestock to report such cruelty and submit such recordings to a law enforcement agency.

The bill was carried over to 2014. The bill died in the House Committee on Environment and Agriculture.

H.B. 110 requires any person who captures images of animal cruelty as committed against livestock shall have a duty to report such activities to law enforcement authorities and shall submit any unedited photographs or video recordings to the law enforcement authorities within 24 hours of the recording’s creation.

 

Read the legal memo we filed on H.B. 110

New Jersey

Bill number

New Jersey A 154

Sponsor

Peterson, Erik

Title

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

Status

The bill died in the Assembly Judiciary Committee.

Summary

A.B. 154 is for the purpose of defining child pornography any image which depicts the face of 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.

The bill died in the Assembly Judiciary Committee.

A.B. 154 is for the purpose of defining child pornography any image which depicts the face of 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

The bill died in the Assembly Law and Public Safety Committee.

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 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.

The bill died in the Assembly Law and Public Safety Committee.

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 bona fide effort to determine his or her age.

Bill number

New Jersey A 3690

Sponsor

Cryan, Joseph

Title

Declaring violence a public health crisis, establishing the Study Commission on Violence and supplementing Title 52 of the Revised Statutes.

Status

The bill was substituted by Senate Bill 2430, which was signed by the Governor on August 8, 2013.

Summary

A.B. 3690 would create a commission to study the causes of violence. It does not explicitly include studying the media nor does it exclude the media.

Bill number

Sponsor

Title

Status

Summary

New Jersey A 3690

Cryan, Joseph

Declaring violence a public health crisis, establishing the Study Commission on Violence and supplementing Title 52 of the Revised Statutes.

The bill was substituted by Senate Bill 2430, which was signed by the Governor on August 8, 2013.

A.B. 3690 would create a commission to study the causes of violence. It does not explicitly include studying the media nor does it exclude the media.

Bill number

New Jersey A 3785

Sponsor

Quijano, Annette

Title

Creating the crime of cyber-harassment and supplementing Title 2C of the New Jersey Statutes.

Status

The bill was carried over to 2014. Signed by the Governor on January 17, 2014.

 

Summary

A.B. 3785 makes it a crime of cyber-harassment if a person uses an electronic device to send, post, comment, request, suggest, or propose any lewd or indecent material about another person with the intent to harass.

 

This bill is a companion to S.B. 2469.

Bill number

Sponsor

Title

Status

Summary

New Jersey A 3785

Quijano, Annette

Creating the crime of cyber-harassment and supplementing Title 2C of the New Jersey Statutes.

The bill was carried over to 2014. Signed by the Governor on January 17, 2014.

 

A.B. 3785 makes it a crime of cyber-harassment if a person uses an electronic device to send, post, comment, request, suggest, or propose any lewd or indecent material about another person with the intent to harass.

 

This bill is a companion to S.B. 2469.

Bill number

New Jersey A 3987

Sponsor

Kean, Sean T.

Title

Regulating the sale of certain video games and supplementing P.L. 1960, c. 39 (C:56:8-1 et seq.).

Status

The bill died in the Assembly Consumer Affairs Committee.

Summary

A.B. 3987 bars the sale to a minor of video games rated M or AO without parental consent.

 

A violation would be an unlawful practice under the Consumer Fraud Act, which is punishable by a fine of $10,000 for a first offense and $20,000 for each subsequent offense.

Bill number

Sponsor

Title

Status

Summary

New Jersey A 3987

Kean, Sean T.

Regulating the sale of certain video games and supplementing P.L. 1960, c. 39 (C:56:8-1 et seq.).

The bill died in the Assembly Consumer Affairs Committee.

A.B. 3987 bars the sale to a minor of video games rated M or AO without parental consent.

 

A violation would be an unlawful practice under the Consumer Fraud Act, which is punishable by a fine of $10,000 for a first offense and $20,000 for each subsequent offense.

Bill number

New Jersey A 3988

Sponsor

Kean, Sean T.

Title

Regulating the sale of certain video games and supplementing P.L. 1960, c. 39 (C:56:8-1 et seq.).

Status

The bill died in the Assembly Consumer Affairs Committee.

Summary

A.B. 3988 would bar the sale to a minor of any video games rated M or AO.

 

A violation would be an unlawful practice under the Consumer Fraud Act, which is punishable by a fine of $10,000 for a first offense and $20,000 for each subsequent offense.

Bill number

Sponsor

Title

Status

Summary

New Jersey A 3988

Kean, Sean T.

Regulating the sale of certain video games and supplementing P.L. 1960, c. 39 (C:56:8-1 et seq.).

The bill died in the Assembly Consumer Affairs Committee.

A.B. 3988 would bar the sale to a minor of any video games rated M or AO.

 

A violation would be an unlawful practice under the Consumer Fraud Act, which is punishable by a fine of $10,000 for a first offense and $20,000 for each subsequent offense.

Bill number

New Jersey A 4094

Sponsor

Quijano, Annette

Title

Concerning a child’s exposure to media violence and supplementing Title 18A of the Revised Statutes.

Status

The bill was substituted by Senate Bill 2715, which was signed by the Governor on August 19, 2013.

Summary

A.B. 4094 directs the Department of Education to prepare and disseminate on its website information on how a parent can limit a child’s exposure to violence on television, cell phones, computers, and other electronic devices. Among a list of information that must be included are:

(1) research and statistics on how violent behavior increases after exposure to violent films, music, television, or video games;

(2) scientific findings that show children who play violent video games are more likely to be involved in physical altercations with classmates, perform poorly on academic tasks, and are unable to relate to adults in positions of authority.

 

This bill is a companion to S.B. 2715.

Bill number

Sponsor

Title

Status

Summary

New Jersey A 4094

Quijano, Annette

Concerning a child’s exposure to media violence and supplementing Title 18A of the Revised Statutes.

The bill was substituted by Senate Bill 2715, which was signed by the Governor on August 19, 2013.

A.B. 4094 directs the Department of Education to prepare and disseminate on its website information on how a parent can limit a child’s exposure to violence on television, cell phones, computers, and other electronic devices. Among a list of information that must be included are:

(1) research and statistics on how violent behavior increases after exposure to violent films, music, television, or video games;

(2) scientific findings that show children who play violent video games are more likely to be involved in physical altercations with classmates, perform poorly on academic tasks, and are unable to relate to adults in positions of authority.

 

This bill is a companion to S.B. 2715.

Bill number

New Jersey ACR 175

Sponsor

McHose, Alison Littell

Title

Expressing opposition to the entertainment industry’s profiteering from depictions of violence in entertainment products.

Status

The bill died in the Assembly Law and Public Safety Committee.

Summary

A.C.R. 175 is a resolution that urges all responsible television and film celebrities, together with all entertainment and media corporations, to publicly pledge to refrain from appearing in, promoting, or profiting from entertainment products that depict the violent use of handguns, semi-automatic weapons, or assault weapon-style rifles.

 

It is companion to S.C.R. 140.

Bill number

Sponsor

Title

Status

Summary

New Jersey ACR 175

McHose, Alison Littell

Expressing opposition to the entertainment industry’s profiteering from depictions of violence in entertainment products.

The bill died in the Assembly Law and Public Safety Committee.

A.C.R. 175 is a resolution that urges all responsible television and film celebrities, together with all entertainment and media corporations, to publicly pledge to refrain from appearing in, promoting, or profiting from entertainment products that depict the violent use of handguns, semi-automatic weapons, or assault weapon-style rifles.

 

It is companion to S.C.R. 140.

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

The bill died in the Senate Committee on Judiciary.

Summary

S.B. 357 creates a permissive inference that a defended 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 is obscenity for minors defined as 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 test.

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.

The bill died in the Senate Committee on Judiciary.

S.B. 357 creates a permissive inference that a defended 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 is obscenity for minors defined as 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 test.

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

The bill died in the Senate Committee on Judiciary.

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.

The bill died in the Senate Committee on Judiciary.

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

The bill died in the Senate Committee on Judiciary.

Summary

S.B. 1138 says that 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.

The bill died in the Senate Committee on Judiciary.

S.B. 1138 says that 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

The bill died in the Senate Committee on Law and Public Safety.

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 any 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.

The bill died in the Senate Committee on Law and Public Safety.

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 any 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

The bill died in the Senate Committee on Law and Public Safety.

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 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.

The bill died in the Senate Committee on Law and Public Safety.

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 bona fide effort to determine his or her age.

Bill number

New Jersey S 2430

Sponsor

Lesniak, Raymond J.

Title

Declaring violence a public health crisis, establishing the Study Commission on Violence and supplementing Title 52 of the Revised Statutes.

Status

Signed by the Governor on August 8, 2013.

Summary

Companion to A.B. 3690.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 2430

Lesniak, Raymond J.

Declaring violence a public health crisis, establishing the Study Commission on Violence and supplementing Title 52 of the Revised Statutes.

Signed by the Governor on August 8, 2013.

Companion to A.B. 3690.

Bill number

New Jersey S 2469

Sponsor

Norcross, Donald

Title

Creating the crime of cyber-harassment and supplementing Title 2C of the New Jersey Statutes.

Status

The bill was substituted by Assembly Bill 3758, which was carried over to 2014 and signed by the Governor on January 17, 2014.

Summary

S.B. 2469 makes it a crime of cyber-harassment if a person uses an electronic device to send, post, comment, request, suggest or propose any lewd or indecent material about another person with the intent to harass.


NEW NOTE 12/10/13: Amended to restrict such communications if done with the intent to emotionally harm a reasonable person rather than with the intent to harass.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 2469

Norcross, Donald

Creating the crime of cyber-harassment and supplementing Title 2C of the New Jersey Statutes.

The bill was substituted by Assembly Bill 3758, which was carried over to 2014 and signed by the Governor on January 17, 2014.

S.B. 2469 makes it a crime of cyber-harassment if a person uses an electronic device to send, post, comment, request, suggest or propose any lewd or indecent material about another person with the intent to harass.


NEW NOTE 12/10/13: Amended to restrict such communications if done with the intent to emotionally harm a reasonable person rather than with the intent to harass.

Bill number

New Jersey S 2715

Sponsor

Lesniak, Raymond J.

Title

Concerning a child’s exposure to media violence and supplementing Title 18A of the Revised Statutes.

Status

Signed by the Governor on August 19, 2013.

Summary

S.B. 2715 directs the Department of Education to prepare and disseminate on its website information on how a parent can limit a child’s exposure to violence on television, cell phones, computers, and other electronic devices. Among a list of information that must be included are:

(1) research and statistics on how violent behavior increases after exposure to violent films, music, television, or video games;

(2) scientific findings that show children who play violent video games are more likely to be involved in physical altercations with classmates, perform poorly on academic tasks, and are unable to relate to adults in positions of authority.

 

This bill is a companion to A.B. 4094.

 

Read the legal memo we filed on S.B. 2715

Bill number

Sponsor

Title

Status

Summary

New Jersey S 2715

Lesniak, Raymond J.

Concerning a child’s exposure to media violence and supplementing Title 18A of the Revised Statutes.

Signed by the Governor on August 19, 2013.

S.B. 2715 directs the Department of Education to prepare and disseminate on its website information on how a parent can limit a child’s exposure to violence on television, cell phones, computers, and other electronic devices. Among a list of information that must be included are:

(1) research and statistics on how violent behavior increases after exposure to violent films, music, television, or video games;

(2) scientific findings that show children who play violent video games are more likely to be involved in physical altercations with classmates, perform poorly on academic tasks, and are unable to relate to adults in positions of authority.

 

This bill is a companion to A.B. 4094.

 

Read the legal memo we filed on S.B. 2715

Bill number

New Jersey S 3014

Sponsor

Ruiz, M. Teresa

Title

Concerning the disclosure of certain personal identifying information and supplementing Title 2A of the New Jersey Statutes.

Status

The bill died in the Senate Committee on Law and Public Safety.

Summary

S.B. 3014 bars any person from soliciting or accepting pecuniary benefit for refraining from disclosing a person’s arrest record or mugshot or personal information associated with a record or mugshot.

 

In addition to criminal penalties, the bill would allow a cause of action for damages, including punitive damages for a violation.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 3014

Ruiz, M. Teresa

Concerning the disclosure of certain personal identifying information and supplementing Title 2A of the New Jersey Statutes.

The bill died in the Senate Committee on Law and Public Safety.

S.B. 3014 bars any person from soliciting or accepting pecuniary benefit for refraining from disclosing a person’s arrest record or mugshot or personal information associated with a record or mugshot.

 

In addition to criminal penalties, the bill would allow a cause of action for damages, including punitive damages for a violation.

Bill number

New Jersey S 3018

Sponsor

Turner, Shirley K.

Title

Concerning Internet websites and minors and supplementing Title 56 of the Revised Statutes.

Status

The bill died in the Senate Committee on Commerce.

Summary

S.B. 3018 bars the marketing to minors of products and services illegal for minors. It would include material with sexual content subject to New Jersey’s harmful to minors law that does not conform to the Miller/Ginsberg three-pronged test.

 

The bill would also require websites to allow a minor to remove material he or she has posted with certain limitations.

 

The bill would allow the parent or legal guardian of a minor to remove or request the removal of content or information posted by his or her minor as provided in this Section, without the knowledge or consent of the minor for whom the parent or legal guardian bears responsibility.

Bill number

Sponsor

Title

Status

Summary

New Jersey S 3018

Turner, Shirley K.

Concerning Internet websites and minors and supplementing Title 56 of the Revised Statutes.

The bill died in the Senate Committee on Commerce.

S.B. 3018 bars the marketing to minors of products and services illegal for minors. It would include material with sexual content subject to New Jersey’s harmful to minors law that does not conform to the Miller/Ginsberg three-pronged test.

 

The bill would also require websites to allow a minor to remove material he or she has posted with certain limitations.

 

The bill would allow the parent or legal guardian of a minor to remove or request the removal of content or information posted by his or her minor as provided in this Section, without the knowledge or consent of the minor for whom the parent or legal guardian bears responsibility.

Bill number

New Jersey SCR 140

Sponsor

Oroho, Steven V.

Title

Expressing opposition to the entertainment industry’s profiteering from depictions of violence in entertainment products.

Status

The bill died in the Senate Committee on Law and Public Safety.

Bill number

Sponsor

Title

Status

New Jersey SCR 140

Oroho, Steven V.

Expressing opposition to the entertainment industry’s profiteering from depictions of violence in entertainment products.

The bill died in the Senate Committee on Law and Public Safety.

New York

Bill number

New York AB 2663

Sponsor

Wright (MS)

Title

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

Status

The bill died in the Committee on Consumer Affairs and Protection.

Summary

A.B. 2663 bars the sale or rental to any minor any video game that has a mature or violent rating.

 

Mature or violent videos may contain, but are not limited to, depictions descriptive of, advocating or glamorizing commission of violent crime, suicide, sodomy, rape, incest, bestiality, sadomasochism, any form of 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.

 

Video game retailers would be required to display any such video games in a location that is inaccessible to minors.

 

Rating is defined as the standardized designation commonly used to inform parents about video games regarding listening and viewing by their children.

 

This is a companion bill to S.B. 308.

Bill number

Sponsor

Title

Status

Summary

New York AB 2663

Wright (MS)

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

The bill died in the Committee on Consumer Affairs and Protection.

A.B. 2663 bars the sale or rental to any minor any video game that has a mature or violent rating.

 

Mature or violent videos may contain, but are not limited to, depictions descriptive of, advocating or glamorizing commission of violent crime, suicide, sodomy, rape, incest, bestiality, sadomasochism, any form of 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.

 

Video game retailers would be required to display any such video games in a location that is inaccessible to minors.

 

Rating is defined as the standardized designation commonly used to inform parents about video games regarding listening and viewing by their children.

 

This is a companion bill to S.B. 308.

Bill number

New York AB 2912

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

The bill died in the Committee on Economic Development.

Summary

A.B. 2912 would impose a $2 surcharge on any magazine, video, DVR or Internet website download if the content includes nudity or sexual content.

 

This bill is introduced each session in New York.

Bill number

Sponsor

Title

Status

Summary

New York AB 2912

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

The bill died in the Committee on Economic Development.

A.B. 2912 would impose a $2 surcharge on any magazine, video, DVR or Internet website download if the content includes nudity or sexual content.

 

This bill is introduced each session in New York.

Bill number

New York AB 2982

Sponsor

Ortiz

Title

AN ACT to amend the tax law, in relation to imposing an additional tax on certain items; and to amend the state finance law, in relation to creating the childho

Status

The bill died in the Committee on Ways and Means.

Summary

A.B. 2902 would impose a 1% sales tax on video games and video game equipment, the sale or rental of movies and movie tickets. The money raised by the tax would go to a state fund to fight obesity.

Bill number

Sponsor

Title

Status

Summary

New York AB 2982

Ortiz

AN ACT to amend the tax law, in relation to imposing an additional tax on certain items; and to amend the state finance law, in relation to creating the childho

The bill died in the Committee on Ways and Means.

A.B. 2902 would impose a 1% sales tax on video games and video game equipment, the sale or rental of movies and movie tickets. The money raised by the tax would go to a state fund to fight obesity.

Bill number

New York AB 4921

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

The bill died in the Codes Committee.

Summary

A.B. 4921 would bar the use of electronic communication to disseminate to a minor, or a police officer the person believed to be a minor, material harmful to minors. This bill would re-enact section 235.21 of the New York code, which was struck down in ALA v. Pataki.

Bill number

Sponsor

Title

Status

Summary

New York AB 4921

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

The bill died in the Codes Committee.

A.B. 4921 would bar the use of electronic communication to disseminate to a minor, or a police officer the person believed to be a minor, material harmful to minors. This bill would re-enact section 235.21 of the New York code, which was struck down in ALA v. Pataki.

Bill number

New York AB 6872

Sponsor

Rosa

Title

AN ACT to amend the penal law and the criminal procedure law, in relation to creating the crimes of electronic stalking, and adding electronic stalking to design

Status

The bill died in the Codes Committee.

Summary

A.B. 6872 would include New York’s law barring dissemination to a minor of material harmful to minors by the Internet as a designated offense.

 

This law was found to violate the First Amendment in American Library Association v. Pataki.

Bill number

Sponsor

Title

Status

Summary

New York AB 6872

Rosa

AN ACT to amend the penal law and the criminal procedure law, in relation to creating the crimes of electronic stalking, and adding electronic stalking to design

The bill died in the Codes Committee.

A.B. 6872 would include New York’s law barring dissemination to a minor of material harmful to minors by the Internet as a designated offense.

 

This law was found to violate the First Amendment in American Library Association v. Pataki.

Bill number

New York AB 7843

Sponsor

Morelle

Title

AN ACT to amend the civil rights law, in relation to the right of publicity

Status

The bill died in the Committee of Governmental Operations.

Bill number

Sponsor

Title

Status

New York AB 7843

Morelle

AN ACT to amend the civil rights law, in relation to the right of publicity

The bill died in the Committee of Governmental Operations.

Bill number

New York AB 8214

Sponsor

Braunstein (MS)

Title

AN ACT to amend the penal law, in relation to establishing the crime of non-consensual disclosure of sexually explicit images

Status

The bill died in the Codes Committee.

Summary

A.B. 8214 bars the intentional and knowing disclosure of any photographic image of another person without his or her consent if that person’s intimate parts are exposed or the person is engaged in sexual activity and the person has a reasonable expectation of privacy.

 

A person who consents to a picture being taken or possessed in a private or confidential relationship retains a reasonable expectation of privacy beyond the end of that relationship.

 

Disclosure is defined as any dissemination of the image. It does not exclude republishing of the image.

 

Intimate parts are defined as naked genitals, pubic area, buttocks or the nipple of an adult female.

 

The law would not apply to images of voluntary exposure in public or commercial settings.

 

It is a companion to S.B. 5954.

Bill number

Sponsor

Title

Status

Summary

New York AB 8214

Braunstein (MS)

AN ACT to amend the penal law, in relation to establishing the crime of non-consensual disclosure of sexually explicit images

The bill died in the Codes Committee.

A.B. 8214 bars the intentional and knowing disclosure of any photographic image of another person without his or her consent if that person’s intimate parts are exposed or the person is engaged in sexual activity and the person has a reasonable expectation of privacy.

 

A person who consents to a picture being taken or possessed in a private or confidential relationship retains a reasonable expectation of privacy beyond the end of that relationship.

 

Disclosure is defined as any dissemination of the image. It does not exclude republishing of the image.

 

Intimate parts are defined as naked genitals, pubic area, buttocks or the nipple of an adult female.

 

The law would not apply to images of voluntary exposure in public or commercial settings.

 

It is a companion to S.B. 5954.

Bill number

New York SB 308

Sponsor

ADAMS

Title

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

Status

The bill died in the Committee on Consumer Protection.

Summary

S.B. 308 bars the sale or rental to any minor any video game that has a mature or violent rating.

 

Mature or violent videos may contain, but are not limited to depictions descriptive of, advocating or glamorizing commission of violent crime, suicide, sodomy, rape, incest, bestiality, sadomasochism, any form of 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.

 

Video game retailers would be required to display any such video games in a location that is inaccessible to minors.

 

Rating is defined as the standardized designation commonly used to inform parents about video games regarding listening and viewing by their children.

 

This is a companion bill to A.B. 2663.

Bill number

Sponsor

Title

Status

Summary

New York SB 308

ADAMS

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

The bill died in the Committee on Consumer Protection.

S.B. 308 bars the sale or rental to any minor any video game that has a mature or violent rating.

 

Mature or violent videos may contain, but are not limited to depictions descriptive of, advocating or glamorizing commission of violent crime, suicide, sodomy, rape, incest, bestiality, sadomasochism, any form of 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.

 

Video game retailers would be required to display any such video games in a location that is inaccessible to minors.

 

Rating is defined as the standardized designation commonly used to inform parents about video games regarding listening and viewing by their children.

 

This is a companion bill to A.B. 2663.

Bill number

New York SB 3036

Sponsor

DEFRANCISCO

Title

AN ACT to amend the military law, the civil rights law and the penal law, in relation to unauthorized use of names and images of members of the armed forces or

Status

The bill died in the Committee on Governmental Operations.

Summary

S.B. 3036 makes it a felony to use the name or image of any member of the armed service or organized militia of New York, whether living or deceased, for the purpose of advertising or trade without obtaining the written consent of the person or his or her surviving family.

 

There is no time limit after which permission would not be necessary.

 

S.B. 3036 also makes it a crime to use the image of any living person for advertising or trade purposes without the person’s written permission or the permission of their parent or guardian if the person is a minor.

Bill number

Sponsor

Title

Status

Summary

New York SB 3036

DEFRANCISCO

AN ACT to amend the military law, the civil rights law and the penal law, in relation to unauthorized use of names and images of members of the armed forces or

The bill died in the Committee on Governmental Operations.

S.B. 3036 makes it a felony to use the name or image of any member of the armed service or organized militia of New York, whether living or deceased, for the purpose of advertising or trade without obtaining the written consent of the person or his or her surviving family.

 

There is no time limit after which permission would not be necessary.

 

S.B. 3036 also makes it a crime to use the image of any living person for advertising or trade purposes without the person’s written permission or the permission of their parent or guardian if the person is a minor.

Bill number

New York SB 5196

Sponsor

DEFRANCISCO

Title

AN ACT to civil rights law, in relation to the right of publicity

Status

The bill died in the Codes Committee.

Bill number

Sponsor

Title

Status

New York SB 5196

DEFRANCISCO

AN ACT to civil rights law, in relation to the right of publicity

The bill died in the Codes Committee.

Bill number

New York SB 5946

Sponsor

BOYLE

Title

AN ACT to amend the penal law, in relation to creating the crimes of unlawful dissemination of an intimate image in the first and second degrees

Status

The bill died in the Codes Committee.

Summary

S.B. 5946 would make it illegal to intentionally disseminate with the intent to harass, annoy or alarm another person, an image or images of the sexual or other intimate intimate parts of another person without explicit consent of the other person to do so.

 

Annoy, alarm and harass are not defined. Sexual or other intimate parts is also not defined in the bill.

Bill number

Sponsor

Title

Status

Summary

New York SB 5946

BOYLE

AN ACT to amend the penal law, in relation to creating the crimes of unlawful dissemination of an intimate image in the first and second degrees

The bill died in the Codes Committee.

S.B. 5946 would make it illegal to intentionally disseminate with the intent to harass, annoy or alarm another person, an image or images of the sexual or other intimate intimate parts of another person without explicit consent of the other person to do so.

 

Annoy, alarm and harass are not defined. Sexual or other intimate parts is also not defined in the bill.

Bill number

New York SB 5949

Sponsor

GRIFFO

Title

AN ACT to amend the penal law, in relation to establishing the crime of non-consensual disclosure of sexually explicit images

Status

The bill died in the Rules Committee.

Summary

S.B. 5954 bars the intentional and knowing disclosure of any photographic image of another person without his or her consent if that person’s intimate parts are exposed or the person is engaged in sexual activity and the person has a reasonable expectation of privacy.

 

A person who consents to a picture being taken or possessed in a private or confidential relationship retains a reasonable expectation of privacy beyond the end of that relationship.

 

Disclosure is defined as any dissemination of the image. It does not exclude republishing of the image.

 

Intimate parts are defined as naked genitals, pubic area, buttocks or the nipple of an adult female.

 

The law would not apply to images of voluntary exposure in public or commercial settings.

 

It is a companion to A.B. 8214.

Bill number

Sponsor

Title

Status

Summary

New York SB 5949

GRIFFO

AN ACT to amend the penal law, in relation to establishing the crime of non-consensual disclosure of sexually explicit images

The bill died in the Rules Committee.

S.B. 5954 bars the intentional and knowing disclosure of any photographic image of another person without his or her consent if that person’s intimate parts are exposed or the person is engaged in sexual activity and the person has a reasonable expectation of privacy.

 

A person who consents to a picture being taken or possessed in a private or confidential relationship retains a reasonable expectation of privacy beyond the end of that relationship.

 

Disclosure is defined as any dissemination of the image. It does not exclude republishing of the image.

 

Intimate parts are defined as naked genitals, pubic area, buttocks or the nipple of an adult female.

 

The law would not apply to images of voluntary exposure in public or commercial settings.

 

It is a companion to A.B. 8214.

North Carolina

Bill number

North Carolina S 648

Sponsor

Brent Jackson

Title

NC Commerce Protection Act of 2013.

Status

The bill was carried over to 2014. Signed by the Governor on August 6, 2014.

Summary

S.B. 648 is similar to an ag-gag bill but it is not limited to agriculture. It requires anyone who has obtained a job by lying or omitting information on a job application who then captures images on the job must be turned over to law enforcement within 24 hours.

 

A violation is $10,000 fine for a first violation and $50,000 for subsequent violations.

Bill number

Sponsor

Title

Status

Summary

North Carolina S 648

Brent Jackson

NC Commerce Protection Act of 2013.

The bill was carried over to 2014. Signed by the Governor on August 6, 2014.

S.B. 648 is similar to an ag-gag bill but it is not limited to agriculture. It requires anyone who has obtained a job by lying or omitting information on a job application who then captures images on the job must be turned over to law enforcement within 24 hours.

 

A violation is $10,000 fine for a first violation and $50,000 for subsequent violations.

Oklahoma

Bill number

Oklahoma HB 2072

Sponsor

Dahm

Title

Civil procedure; Rachel’s Law; prohibiting recognition or enforcement of foreign defamation judgments; effective date.

Status

Signed by the Governor on May 14, 2013.

Summary

H.B. 2072 is a libel tourism bill.

Bill number

Sponsor

Title

Status

Summary

Oklahoma HB 2072

Dahm

Civil procedure; Rachel’s Law; prohibiting recognition or enforcement of foreign defamation judgments; effective date.

Signed by the Governor on May 14, 2013.

H.B. 2072 is a libel tourism bill.

Oregon

Bill number

Oregon HB 3467

Sponsor

Representative Greenlick, Representative Williamson

Title

Relating to the distribution of photographic records made incident to arrest.

Status

Signed by the Governor on June 6, 2013. Effective on January 1, 2014.

Bill number

Sponsor

Title

Status

Oregon HB 3467

Representative Greenlick, Representative Williamson

Relating to the distribution of photographic records made incident to arrest.

Signed by the Governor on June 6, 2013. Effective on January 1, 2014.

Pennsylvania

Bill number

Pennsylvania HB 207

Sponsor

GODSHALL

Title

Short Title: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, providing for autopsies.

Status

The bill was carried over to 2014. The bill died in the Senate Committee on Appropriations.

Summary

H.B. 207 bars access to crime scene photos.

Bill number

Sponsor

Title

Status

Summary

Pennsylvania HB 207

GODSHALL

Short Title: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, providing for autopsies.

The bill was carried over to 2014. The bill died in the Senate Committee on Appropriations.

H.B. 207 bars access to crime scene photos.

Bill number

Pennsylvania HB 683

Sponsor

HALUSKA

Title

Short Title: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in arson, criminal mischief and other property destruction, providing for the offense of interfering with agricultural operations.

Status

The bill died in the House Committee on Judiciary.

Summary

H.B. 683 is an ag-gag bill.

Bill number

Sponsor

Title

Status

Summary

Pennsylvania HB 683

HALUSKA

Short Title: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in arson, criminal mischief and other property destruction, providing for the offense of interfering with agricultural operations.

The bill died in the House Committee on Judiciary.

H.B. 683 is an ag-gag bill.

Bill number

Pennsylvania SB 150

Sponsor

PILEGGI

Title

Short Title: An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in DNA data and testing, further providing for policy, for definitions, for powers and duties of State Police, for State DNA Data Base, for State DNA …

Status

The bill was carried over to 2014. The bill died in the House.

Summary

S.B. 150 would require anyone convicted of felony distribution of obscene material or of material harmful to minors to give a DNA sample to the state, to be kept in a DNA data base.

Bill number

Sponsor

Title

Status

Summary

Pennsylvania SB 150

PILEGGI

Short Title: An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in DNA data and testing, further providing for policy, for definitions, for powers and duties of State Police, for State DNA Data Base, for State DNA …

The bill was carried over to 2014. The bill died in the House.

S.B. 150 would require anyone convicted of felony distribution of obscene material or of material harmful to minors to give a DNA sample to the state, to be kept in a DNA data base.

Bill number

Pennsylvania SR 6

Sponsor

GREENLEAF

Title

Short Title: A Resolution directing the Joint State Government Commission to study the issue of violence prevention, to establish an advisory committee to conduct a thorough and comprehensive analysis of the underlying causes of violent crime, …

Status

The bill died in the Senate.

Summary

S.R. 6 directs the Joint State Government Commission to study violence prevention and the underlying causes of violent crime. It does not specifically focus on media.

Bill number

Sponsor

Title

Status

Summary

Pennsylvania SR 6

GREENLEAF

Short Title: A Resolution directing the Joint State Government Commission to study the issue of violence prevention, to establish an advisory committee to conduct a thorough and comprehensive analysis of the underlying causes of violent crime, …

The bill died in the Senate.

S.R. 6 directs the Joint State Government Commission to study violence prevention and the underlying causes of violent crime. It does not specifically focus on media.

Rhode Island

Bill number

Rhode Island H 5570

Sponsor

Martin

Title

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME (would amend various chapters of the general laws to create additional offenses relating to internet activity)

Status

The bill died in the House Committee on Judiciary.

Summary

H.B. 5570 would criminalize the knowing and intentional use of a computer or electronic device to disseminate to a minor a depiction of sexually explicit nudity or conduct.

 

A violation of the legislation would be a felony subject to five years in prison, a fine of $5,000 or both.

 

It would also bar dissemination of any image of sexual activity or the intimate areas of another person without the consent of all people in the picture, regardless of whether it is that person engaging in sexual activity or with an intimate area visible.

 

It is companion to S.B. 550.

 

Read the legal memo we filed on H.B. 5570

Bill number

Sponsor

Title

Status

Summary

Rhode Island H 5570

Martin

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME (would amend various chapters of the general laws to create additional offenses relating to internet activity)

The bill died in the House Committee on Judiciary.

H.B. 5570 would criminalize the knowing and intentional use of a computer or electronic device to disseminate to a minor a depiction of sexually explicit nudity or conduct.

 

A violation of the legislation would be a felony subject to five years in prison, a fine of $5,000 or both.

 

It would also bar dissemination of any image of sexual activity or the intimate areas of another person without the consent of all people in the picture, regardless of whether it is that person engaging in sexual activity or with an intimate area visible.

 

It is companion to S.B. 550.

 

Read the legal memo we filed on H.B. 5570

Bill number

Rhode Island S 550

Sponsor

Lombardi

Title

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME (would amend various chapters of the general laws to create additional offenses relating to internet activity.)

Status

The bill died in the Senate Committee on Judiciary.

Summary

S.B. 550 would criminalize the knowing and intentional use of a computer or electronic device to disseminate to a minor a depiction of sexually explicit nudity or conduct.

 

A violation of the legislation would be a felony subject to five years in prison, a fine of $5,000 or both.

 

It would also bar dissemination of any image of sexual activity or the intimate areas of another person without the consent of all people in the picture regardless of whether it is that person engaging in sexual activity or with an intimate area visible.

 

It is companion to H.B. 5570.

 

Read the legal memo we filed on S.B. 550

Bill number

Sponsor

Title

Status

Summary

Rhode Island S 550

Lombardi

AN ACT RELATING TO CRIMINAL OFFENSES – COMPUTER CRIME (would amend various chapters of the general laws to create additional offenses relating to internet activity.)

The bill died in the Senate Committee on Judiciary.

S.B. 550 would criminalize the knowing and intentional use of a computer or electronic device to disseminate to a minor a depiction of sexually explicit nudity or conduct.

 

A violation of the legislation would be a felony subject to five years in prison, a fine of $5,000 or both.

 

It would also bar dissemination of any image of sexual activity or the intimate areas of another person without the consent of all people in the picture regardless of whether it is that person engaging in sexual activity or with an intimate area visible.

 

It is companion to H.B. 5570.

 

Read the legal memo we filed on S.B. 550

South Carolina

Bill number

South Carolina S 468

Sponsor

Fair

Title

Foreign defamation judgment

Status

The bill died in the Senate Subcommittee on Judiciary.

Summary

Libel Tourism protection bill.

Bill number

Sponsor

Title

Status

Summary

South Carolina S 468

Fair

Foreign defamation judgment

The bill died in the Senate Subcommittee on Judiciary.

Libel Tourism protection bill.

South Dakota

Bill number

South Dakota SB 174

Sponsor

Lederman

Title

Revise certain provisions relating to out-of-country foreign judgments.

Status

Signed by the Governor on March 8, 2013.

Summary

S.B. 174 would bar any South Dakota court from enforcing any foreign defamation or libel judgment unless the court determined that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as would be provided under the Constitutions of the United States and South Dakota.

 

The law would apply retroactively to any defamation proceedings commenced on July 1, 2010 or later.

Bill number

Sponsor

Title

Status

Summary

South Dakota SB 174

Lederman

Revise certain provisions relating to out-of-country foreign judgments.

Signed by the Governor on March 8, 2013.

S.B. 174 would bar any South Dakota court from enforcing any foreign defamation or libel judgment unless the court determined that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as would be provided under the Constitutions of the United States and South Dakota.

 

The law would apply retroactively to any defamation proceedings commenced on July 1, 2010 or later.

Tennessee

Bill number

Tennessee HB 1191

Sponsor

Holt

Title

Animal Cruelty and Abuse

Status

The bill died in the House.

Summary

H.B. 1191 would require anyone who takes a picture or video of an act that violates the state’s cruelty to animals to turn all of the pictures and video over to the police within 24 hours.

 

It is a companion to S.B. 1248.

Bill number

Sponsor

Title

Status

Summary

Tennessee HB 1191

Holt

Animal Cruelty and Abuse

The bill died in the House.

H.B. 1191 would require anyone who takes a picture or video of an act that violates the state’s cruelty to animals to turn all of the pictures and video over to the police within 24 hours.

 

It is a companion to S.B. 1248.

Bill number

Tennessee SB 1248

Sponsor

Gresham

Title

Animal Cruelty and Abuse

Status

Vetoed by the Governor on May 13, 2013.

Summary

S.B. 1248 would require anyone who takes a picture or video of an act that violates the state’s cruelty to animals to turn all pictures and video over to the police within 24 hours.

 

It is a companion to H.B. 1191.

Bill number

Sponsor

Title

Status

Summary

Tennessee SB 1248

Gresham

Animal Cruelty and Abuse

Vetoed by the Governor on May 13, 2013.

S.B. 1248 would require anyone who takes a picture or video of an act that violates the state’s cruelty to animals to turn all pictures and video over to the police within 24 hours.

 

It is a companion to H.B. 1191.

Texas

Bill number

Texas SB 1512

Sponsor

Ellis

Title

Relating to the confidentiality of certain crime scene photographs and video recordings.

Status

Signed by the Governor on June 14, 2013.

Summary

S.B. 1512 would restrict access to certain crime scene photos to some newspapers, magazines and radio and television broadcasters who are licensed by the FCC pursuant to a court order.

 

Crime scene photos are not limited to photos from crime scenes.

 

Read the legal memo we filed on S.B. 1512

Bill number

Sponsor

Title

Status

Summary

Texas SB 1512

Ellis

Relating to the confidentiality of certain crime scene photographs and video recordings.

Signed by the Governor on June 14, 2013.

S.B. 1512 would restrict access to certain crime scene photos to some newspapers, magazines and radio and television broadcasters who are licensed by the FCC pursuant to a court order.

 

Crime scene photos are not limited to photos from crime scenes.

 

Read the legal memo we filed on S.B. 1512

United States

Bill number

United States HR 287

Sponsor

Matheson, Jim

Title

Video Games Ratings Enforcement Act

Status

The bill died in the House Subcommittee on Commerce, Manufacturing, and Trade.

Summary

H.R. 287 would make it unlawful to sell or rent any video game rated Adults Only to anyone less than 18 years old.

 

It would be unlawful to sell or rent any video game rated Mature to anyone less than 17 years old.

 

It would also be unlawful to sell or rent any video game that does not have a rating label clearly displayed on its packaging signifying a rating determined by the ESRB.

 

Any retailer that sells video games would be required to display in a clear and conspicuous location information about the ESRB rating system.

 

The Federal Trade Commission would be given the authority to enforce this law. Any violation would be deemed an unfair or deceptive act or practice and subject to a fine of up to $5,000.

Bill number

Sponsor

Title

Status

Summary

United States HR 287

Matheson, Jim

Video Games Ratings Enforcement Act

The bill died in the House Subcommittee on Commerce, Manufacturing, and Trade.

H.R. 287 would make it unlawful to sell or rent any video game rated Adults Only to anyone less than 18 years old.

 

It would be unlawful to sell or rent any video game rated Mature to anyone less than 17 years old.

 

It would also be unlawful to sell or rent any video game that does not have a rating label clearly displayed on its packaging signifying a rating determined by the ESRB.

 

Any retailer that sells video games would be required to display in a clear and conspicuous location information about the ESRB rating system.

 

The Federal Trade Commission would be given the authority to enforce this law. Any violation would be deemed an unfair or deceptive act or practice and subject to a fine of up to $5,000.

Bill number

United States S 134

Sponsor

Rockefeller, John D., IV

Title

Violent Content Research Act of 2013

Status

The bill died in the Senate.

Summary

S.B. 134 would direct the National Academy of Science to conduct a study on violent video games and violent video programming to determine whether either medium:

(i) causes children to act aggressively or causes other measurable harm to children;

(ii) has a disproportionately harmful effect on children already prone to aggressive behavior or on other identifiable groups of children; and

(iii) has a harmful effect that is distinguishable from any negative effects produced by other types of media. The study would then examine whether any harm identified has a direct and long-lasting impact on a child’s well-being.

 

The study must also review whether current or emerging characteristics of video games have a unique impact on minors because they are interactive.

 

The study shall identify gaps in the current state of research which, if closed, could provide additional information regarding any causal connection between either media and behavior.

 

NAS is given 15 months to submit the report to Congress, the Federal Trade Commission, the Federal Communications Commission and the Department of Health and Human Services.

Bill number

Sponsor

Title

Status

Summary

United States S 134

Rockefeller, John D., IV

Violent Content Research Act of 2013

The bill died in the Senate.

S.B. 134 would direct the National Academy of Science to conduct a study on violent video games and violent video programming to determine whether either medium:

(i) causes children to act aggressively or causes other measurable harm to children;

(ii) has a disproportionately harmful effect on children already prone to aggressive behavior or on other identifiable groups of children; and

(iii) has a harmful effect that is distinguishable from any negative effects produced by other types of media. The study would then examine whether any harm identified has a direct and long-lasting impact on a child’s well-being.

 

The study must also review whether current or emerging characteristics of video games have a unique impact on minors because they are interactive.

 

The study shall identify gaps in the current state of research which, if closed, could provide additional information regarding any causal connection between either media and behavior.

 

NAS is given 15 months to submit the report to Congress, the Federal Trade Commission, the Federal Communications Commission and the Department of Health and Human Services.

Bill number

United States S 150

Sponsor

Feinstein, Dianne

Title

Assault Weapons Ban of 2013

Status

The bill died in the Senate.

Summary

S.B. 150 includes language calling on the National Institute of Justice to do social science research on the cause of violence including video games.

Bill number

Sponsor

Title

Status

Summary

United States S 150

Feinstein, Dianne

Assault Weapons Ban of 2013

The bill died in the Senate.

S.B. 150 includes language calling on the National Institute of Justice to do social science research on the cause of violence including video games.

Utah

Bill number

Utah HB 282

Sponsor

Greenwood, R.

Title

Sexual Exploitation Amendments

Status

Signed by the Governor on March 28, 2013.

Summary

H.B. 282 expands the definition of sexually explicit conduct in Utah’s existing child pornography law to include lascivious exhibition of the buttocks and the breast of a female.

 

The existing law defines as child pornography any visual depiction that has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Bill number

Sponsor

Title

Status

Summary

Utah HB 282

Greenwood, R.

Sexual Exploitation Amendments

Signed by the Governor on March 28, 2013.

H.B. 282 expands the definition of sexually explicit conduct in Utah’s existing child pornography law to include lascivious exhibition of the buttocks and the breast of a female.

 

The existing law defines as child pornography any visual depiction that has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Bill number

Utah HB 408

Sponsor

Ray, P.

Title

Criminal Suspect Photographs

Status

Signed by the Governor on April 1, 2013.

Summary

H.B. 408 bars the release of booking photos to any person requesting them if the photo will be published or posted on a website and the site or publication will remove the photo for a fee or other consideration.

 

The person who requests the photo must submit a signed statement affirming that the photo will not be placed in a publication or posted on a site that requires payment of a fee or other consideration.

Bill number

Sponsor

Title

Status

Summary

Utah HB 408

Ray, P.

Criminal Suspect Photographs

Signed by the Governor on April 1, 2013.

H.B. 408 bars the release of booking photos to any person requesting them if the photo will be published or posted on a website and the site or publication will remove the photo for a fee or other consideration.

 

The person who requests the photo must submit a signed statement affirming that the photo will not be placed in a publication or posted on a site that requires payment of a fee or other consideration.

Bill number

Utah SJR 15

Sponsor

Weiler, T.

Title

Joint Resolution Regarding the Impact of Adult Images on Children’s Development

Status

The bill died in the Senate.

Summary

S.J.R. 15 resolves that Legislature recognizes the strong negative impact of soft-core or gateway pornography on brain development in children.

 

It further resolves that the Legislature urges parents and concerned citizens to consider ways to mitigate the exposure of children to gateway pornography.

Bill number

Sponsor

Title

Status

Summary

Utah SJR 15

Weiler, T.

Joint Resolution Regarding the Impact of Adult Images on Children’s Development

The bill died in the Senate.

S.J.R. 15 resolves that Legislature recognizes the strong negative impact of soft-core or gateway pornography on brain development in children.

 

It further resolves that the Legislature urges parents and concerned citizens to consider ways to mitigate the exposure of children to gateway pornography.

Vermont

Bill number

Vermont HB 158

Sponsor

Conquest

Title

AN ACT RELATING TO DISORDERLY CONDUCT

Status

The bill died in the House Committee on Judiciary.

Summary

H.B. 158 would make it a disorderly conduct crime if a person makes loud or unreasonable noise that would disturb a person of average sensibilities.

Bill number

Sponsor

Title

Status

Summary

Vermont HB 158

Conquest

AN ACT RELATING TO DISORDERLY CONDUCT

The bill died in the House Committee on Judiciary.

H.B. 158 would make it a disorderly conduct crime if a person makes loud or unreasonable noise that would disturb a person of average sensibilities.

Washington

Bill number

Washington HB 1051

Sponsor

Angel

Title

Authorizing the sale of rights to name or rename state transportation facilities.

Status

The bill was carried over to 2014. The bill died in the House.

Summary

H.B. 1051 would allow the sale of naming rights for parts of the state transportation system but would specifically bar the sale of those rights to any movie rated NC-17 or video game rated M or AO.

 

Companion to S.B. 5584.

Bill number

Sponsor

Title

Status

Summary

Washington HB 1051

Angel

Authorizing the sale of rights to name or rename state transportation facilities.

The bill was carried over to 2014. The bill died in the House.

H.B. 1051 would allow the sale of naming rights for parts of the state transportation system but would specifically bar the sale of those rights to any movie rated NC-17 or video game rated M or AO.

 

Companion to S.B. 5584.

Bill number

Washington SB 5584

Sponsor

Benton

Title

Authorizing the sale of rights to name or rename state transportation facilities.

Status

The bill was carried over to 2014. The bill died in the House.

Summary

S.B. 5584 would allow the sale of naming rights for parts of the state transportation system but would specifically bar the sale of those rights to any movie rated NC-17 or video game rated M or AO.

 

Companion to H.B. 1051.

Bill number

Sponsor

Title

Status

Summary

Washington SB 5584

Benton

Authorizing the sale of rights to name or rename state transportation facilities.

The bill was carried over to 2014. The bill died in the House.

S.B. 5584 would allow the sale of naming rights for parts of the state transportation system but would specifically bar the sale of those rights to any movie rated NC-17 or video game rated M or AO.

 

Companion to H.B. 1051.

Wisconsin

Bill number

Wisconsin AB 156

Sponsor

Representative Jacque, Ballweg, Bernier, Bies, Brooks, Endsley, Krug, Mursau, A. Ott, Schraa

Title

Prohibiting certain computer messages or postings that invite harassment or obscene, lewd, or profane communication and providing a penalty. (FE)

Status

The bill was carried over to 2014. The bill died in the Assembly Committee on Rules.

Summary

A.B. 156 makes it a crime to send, post, or display a message on a computerized communication system if all of the following apply:

1. The message invites a person to contact a specific individual and use obscene, lewd, or profane language or suggest a lewd or lascivious act in the invited communication.

2. The original message includes information on how to contact the individual.

3. The person sending the original message intends that the targeted person be harassed, frightened, intimidated, threatened, or abused by the invited communication.

4. As a result of the original message, a person contacts the targeted person and the targeted person is harassed, frightened, intimidated, threatened, or abused.

 

There is a separate offense if the lewd, lascivious or obscene language is used in the communication to the targeted person.

Bill number

Sponsor

Title

Status

Summary

Wisconsin AB 156

Representative Jacque, Ballweg, Bernier, Bies, Brooks, Endsley, Krug, Mursau, A. Ott, Schraa

Prohibiting certain computer messages or postings that invite harassment or obscene, lewd, or profane communication and providing a penalty. (FE)

The bill was carried over to 2014. The bill died in the Assembly Committee on Rules.

A.B. 156 makes it a crime to send, post, or display a message on a computerized communication system if all of the following apply:

1. The message invites a person to contact a specific individual and use obscene, lewd, or profane language or suggest a lewd or lascivious act in the invited communication.

2. The original message includes information on how to contact the individual.

3. The person sending the original message intends that the targeted person be harassed, frightened, intimidated, threatened, or abused by the invited communication.

4. As a result of the original message, a person contacts the targeted person and the targeted person is harassed, frightened, intimidated, threatened, or abused.

 

There is a separate offense if the lewd, lascivious or obscene language is used in the communication to the targeted person.

Bill number

Wisconsin AB 462

Sponsor

Representative Spiros, Johnson, Ballweg, Barca, Berceau, Bies, Brooks, Czaja, Kahl, Kleefisch, Marklein, Nass, Ohnstad, A. Ott, Pridemore, Thiesfeldt

Title

Distributing a sexually explicit image without consent and providing a penalty. (FE)

Status

The bill was carried over to 2014. The bill died in the Senate.

Summary

Read the legal memo we filed on A.B. 462 and S.B. 367

Bill number

Sponsor

Title

Status

Summary

Wisconsin AB 462

Representative Spiros, Johnson, Ballweg, Barca, Berceau, Bies, Brooks, Czaja, Kahl, Kleefisch, Marklein, Nass, Ohnstad, A. Ott, Pridemore, Thiesfeldt

Distributing a sexually explicit image without consent and providing a penalty. (FE)

The bill was carried over to 2014. The bill died in the Senate.

Read the legal memo we filed on A.B. 462 and S.B. 367

Bill number

Wisconsin SB 184

Sponsor

Senators T. Cullen, Risser, L. Taylor, Lassa, Erpenbach, Lehman, Kedzie

Title

School bullying, unlawful use of computer systems, and providing a penalty. (FE)

Status

The bill was carried over to 2014. The bill died in the Senate.

Summary

S.B. 184 would bar the electronic posting of messages where other persons can view them using lewd or profane language or suggesting a lewd or lascivious act with the intent to annoy or offend.

 

Present Wisconsin law already bars sending such a message by email.

 

Read the legal memo we filed on S.B. 184

Bill number

Sponsor

Title

Status

Summary

Wisconsin SB 184

Senators T. Cullen, Risser, L. Taylor, Lassa, Erpenbach, Lehman, Kedzie

School bullying, unlawful use of computer systems, and providing a penalty. (FE)

The bill was carried over to 2014. The bill died in the Senate.

S.B. 184 would bar the electronic posting of messages where other persons can view them using lewd or profane language or suggesting a lewd or lascivious act with the intent to annoy or offend.

 

Present Wisconsin law already bars sending such a message by email.

 

Read the legal memo we filed on S.B. 184

Bill number

Wisconsin SB 367

Sponsor

Senators Vukmir, L. Taylor, Lehman

Title

Distributing a sexually explicit image without consent and providing a penalty. (FE)

Status

The bill was carried over to 2014. Signed by the Governor on April 9, 2014.

Summary

Read the legal memo we filed on A.B. 462 and S.B. 367

Bill number

Sponsor

Title

Status

Summary

Wisconsin SB 367

Senators Vukmir, L. Taylor, Lehman

Distributing a sexually explicit image without consent and providing a penalty. (FE)

The bill was carried over to 2014. Signed by the Governor on April 9, 2014.

Read the legal memo we filed on A.B. 462 and S.B. 367

West Virginia

Bill number

West Virginia HB 2119

Sponsor

Azinger

Title

Imposing an excise tax on the sale or rental of obscene materials

Status

The bill died in the House Committee on Finance.

Summary

H.B. 2119 imposes a $1 tax on the sale or rental of any obscene material. It is unclear who determines if the material is obscene.

Bill number

Sponsor

Title

Status

Summary

West Virginia HB 2119

Azinger

Imposing an excise tax on the sale or rental of obscene materials

The bill died in the House Committee on Finance.

H.B. 2119 imposes a $1 tax on the sale or rental of any obscene material. It is unclear who determines if the material is obscene.

Bill number

West Virginia HB 2195

Sponsor

Miley

Title

Providing for the seizure of assets and other real property used for the exploitation of children

Status

The bill died in the House Committee on Judiciary.

Summary

H.B. 2195 would make it illegal for anyone, with knowledge, to disseminate, display or possess any material visually portraying child erotica.

 

Child Erotica is defined as any material relating to minors that serves a sexual purpose for a given individual, to include non-nude or semi-nude photographs and videos of minors in sexually suggestive poses modeling a variety of clothing types such as dresses, bikinis, nightgowns or undergarments. It may also include, in addition to images, other materials that may cause sexual arousal, such as children’s diaries, drawings, underwear, letters and other similar items.

 

The crime is an addition to the existing child pornography law.

Bill number

Sponsor

Title

Status

Summary

West Virginia HB 2195

Miley

Providing for the seizure of assets and other real property used for the exploitation of children

The bill died in the House Committee on Judiciary.

H.B. 2195 would make it illegal for anyone, with knowledge, to disseminate, display or possess any material visually portraying child erotica.

 

Child Erotica is defined as any material relating to minors that serves a sexual purpose for a given individual, to include non-nude or semi-nude photographs and videos of minors in sexually suggestive poses modeling a variety of clothing types such as dresses, bikinis, nightgowns or undergarments. It may also include, in addition to images, other materials that may cause sexual arousal, such as children’s diaries, drawings, underwear, letters and other similar items.

 

The crime is an addition to the existing child pornography law.

Bill number

West Virginia SB 640

Sponsor

Fitzsimmons

Title

Revising definition of “”obscene matter”” to contain specific matter harmful to minors

Status

The bill died in the Senate Committee on Judiciary.

Summary

S.B. 640 would bar the dissemination or display of any harmful matter. Harmful matter is defined as depictions or descriptions of sexual nudity or conduct that, taken as a whole, is harmful to minors. Harmful to minors is not defined.

 

A violation of the law would be subject to up to five yeas in prison, a $25,000 fine, or both.

 

Read the legal memo we filed on S.B. 640

Bill number

Sponsor

Title

Status

Summary

West Virginia SB 640

Fitzsimmons

Revising definition of “”obscene matter”” to contain specific matter harmful to minors

The bill died in the Senate Committee on Judiciary.

S.B. 640 would bar the dissemination or display of any harmful matter. Harmful matter is defined as depictions or descriptions of sexual nudity or conduct that, taken as a whole, is harmful to minors. Harmful to minors is not defined.

 

A violation of the law would be subject to up to five yeas in prison, a $25,000 fine, or both.

 

Read the legal memo we filed on S.B. 640