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ID H0265
Bill
Status
3/7/2023
Primary Sponsor
State Affairs Committee
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AI Summary
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Creates a civil cause of action allowing minors or their parents/guardians to sue persons or institutions that knowingly promote sexual exhibitions involving live persons if they fail to take reasonable steps to restrict minor access and the performance is patently offensive by contemporary community standards.
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Establishes $10,000 in statutory damages per violation plus additional damages for psychological, emotional, economic, and physical harm, with prevailing parties entitled to recover reasonable attorney's fees and costs.
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Sets a four-year statute of limitations for civil actions and provides an affirmative defense if the defendant had reasonable cause to believe the minor was 18 or older based on documentation.
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Prohibits use of public facilities, equipment, and assets owned or controlled by the state, counties, cities, or local political subdivisions for sexual exhibitions involving live persons engaged in sexual conduct.
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Bars public funds from being used to provide or assist in sexual exhibitions and subjects public officers or employees who knowingly violate these provisions to punishment as a misuse of public moneys; effective July 1, 2023.
Legislative Description
Adds to existing law to provide that certain persons and institutions must take reasonable steps to restrict the access of minors in certain instances, to provide for a civil action in certain instances, and to prohibit the use of public facilities and public assets for sexual exhibitions.
SEXUAL EXHIBITIONS
Last Action
Introduced, read first time; referred to: State Affairs
3/8/2023