TITLE I: DEFINITIONS
1.
Material means:
A. A book, pamphlet, magazine, newspaper, printed advertising or other printed or written material;
B. A motion picture, video, photograph, picture, drawing, statue, sculpture, or other visual representation or image; or
C. A transcription, recording, or live or recorded message.
2.
Minor means any person under the age of 19 years, but as applied to the showing of a motion picture excludes any person employed on the premises where the motion picture is shown.
3.
Nudity means:
A. The showing of the human breast with less than a fully opaque covering of any portion of the areola and nipple, unless in a State or locality that has chosen to allow the public display of nipples;
B. The showing of the human genitals or pubic area with less than a fully opaque covering of any portion thereof; or
C. The depiction of the human male genitals in a discernible turgid state whether or not covered.
4.
Obscene as to minors means that quality of any description or representation, whether constituting all or a part of the material considered, in whatever form, of nudity, sexual conduct, sexual content, sexual excitement, or sado-masochistic abuse which predominantly appeals to the prurient interest of minors, is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors, and is without serious literary, artistic, political or scientific value.
5.
Sado-masochistic abuse means real or simulated:
A. Flagellation, abuse, rape, or torture practiced by or upon a person whether or not clad in undergarments, a mask, or bizarre costume; or
B. The condition of being fettered, bound, enslaved, captured, or otherwise physically restrained.
6.
Sexual conduct means real or purported acts of masturbation, sexual activity, or sexualized physical contact with a person’s unclothed genitals, pubic area, or breasts and nipples.
7.
Sexual content means graphic descriptions of sado-masochistic abuse, sexual conduct, sexual excitement, sexual kinks or fetishes, sexual orientation, or sexuality.
8.
Sexual excitement means the condition of human male or female genitals in a state of sexual stimulation or arousal.
TITLE II: PROHIBITIONS
1. It shall be a felony punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any person to knowingly:
A. Distribute or cause to be distributed to a minor material that is obscene as to minors, unless the person is the parent or guardian of the minor;
B. Exhibit for distribution to an adult in such a manner or location as to allow a minor to view or to have access to examine material that is obscene as to minors, unless the person is the parent or guardian of the minor;
C. Sell to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration to any presentation of material that is obscene to minors, unless the minor is accompanied by his or her parent or guardian;
D. Misrepresent that he or she is the parent or guardian of a minor for the purpose of distributing to the minor material that is obscene as to minors or obtain admission of the minor to any presentation of material that is obscene as to minors;
E. Misrepresent his or her age as 19 or over for the purpose of obtaining material that is obscene as to minors or admission to any presentation of material that is obscene as to minors;
F. Sell or rent materials which contain material that is obscene as to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the materials and any material that advertises the sale or rental of the materials which prevents minors from observing the materials or any material that advertises the sale or rental of the motion pictures and is labeled, in a prominent and conspicuous location, “Adults Only”, or is located behind the sales counter in an obstructed or semi-obstructed display that conceals any material that is obscene as to minors.
A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.
2. The prohibitions listed above shall not apply to a university, community college, museum, or library which is operated by or which is under the direct control of a governmental entity of this Region or an employee or independent contractor of such institution, if the employee or independent contractor is acting within the scope of his or her employment or contractual relationship.
3. It shall be a felony punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any teacher, school employee or volunteer, daycare employee of volunteer, or other adult to knowingly, in a public or private daycare, Headstart or afterschool tutorial program, pre-school, kindergarten, elementary, middle, or junior high school, to:
A. Distribute or cause to be distributed to a minor material that would be obscene as to minors but for serious literary, artistic, political, or scientific value, when such material depicts real or purported sexual conduct, sexual content, or sado-masochistic abuse; or
B. Distribute or cause to be distributed to a minor material that would be obscene as to minors but for serious literary, artistic, political, or scientific value, when such material describes real or purported sexual conduct, sexual content, or sado-masochistic abuse involving a minor younger than fourteen (14).
A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.
4. It shall be a misdemeanor punishable by a fine of not more than $1,000.00 for any teacher, school employee or volunteer, daycare employee of volunteer, or other adult to knowingly, in a public or private daycare, Headstart or afterschool tutorial program, kindergarten, elementary, middle, or junior high school, to distribute or cause to be distributed to a minor a motion picture than has been rated “R” or “NC-17” by the Motion Picture Association of Atlasia (MPAA) unless such person has obtained written permission from the minor’s parent or guardian.
5. Any public computer terminal accessible by minors that is operated by or under the direct control of a governmental entity of this Region, including but not limited to terminals in universities, community colleges, museums, or libraries shall be required to install internet browsing filters to screen out material that is obscene as to minors. The failure to install such filters shall result in the disqualification of the governmental entity from receiving Regional funds.
TITLE III: AGE OF CONSENT
1. It shall be a felony for any adult to engage in sexual acts with a minor more than two (2) years his or her junior in all States and external territories of the Southern Region. If the convicted person is less than five (5) years older than the minor victim, this crime shall be punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00. If the convicted person is five (5) or more years older than the minor victim, this crime shall be punishable by imprisonment for no more than ten (10) years and a fine of no more than $50,000.00. If the minor victim is younger than fourteen (14) this crime shall be punishable by imprisonment for not less than ten (10) years and no more than life and a fine of $50,000.00. Any person convicted of sex with a minor five or more years his or her junior shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. Any person convicted of sex with a minor less than five (5) years but more than two (2) years his or her junior shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. For purposes of this provision, it shall be a permissible affirmative defense that the accused met the minor in a location only accessible by adults, including a bar, nightclub, or brothel, as well as that the minor enticed the accused by lying about his or her age and the accused had no reason based on the totality of the circumstances to suspect that the minor was lying.
2. It shall be a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for a minor to lie about his or her age with the intent to entice am adult into engaging in statutory rape. A person convicted of such crime on two (2) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling
3. It shall be a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any adult to, with lascivious intent, kiss a minor under the age of sixteen (16) on the mouth while knowingly and intentionally penetrating the mouth of such minor with his or her tongue. A person convicted of such crime on two (2) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling
TITLE IV: ENACTMENT
1. This act shall take effect July 1, 2022.
