SB160 HFA C. Pritt 3-5 #1

Morgan 3345

Delegate C. Pritt moved to amend the bill on page 2, section 9, after line 32, by inserting the following language:

(f) Notwithstanding the provisions of any other subsection of this article, it shall be a felony for any person above the age of 18 who is not enrolled in high school, as part of an organized activity or event where a person younger than 16 years of age is known to be present, to intentionally engage in a sexually oriented performance at a library, school, or public venue. Upon conviction thereof a person is guilty of a felony and shall be imprisoned in a state correctional facility for not less than one nor more than five years, fined not more than $3000, or both.  

(1) As used in this subsection, “sexually oriented performance” means a performance that involves any of the following:

(A) a performer that is nude; or

(B) a performer that engages in sexual conduct;

(2) As used in this subsection, “public venue” means any venue that is available to any member of the public.

(3) As used in this section, “sexual conduct” means:

(A) Conduct that:

(i) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandering to a prurient interest;

(ii) An average person, applying community standards, would find depicts or describes, in a patently offensive way, sexually explicit conduct; and

(iii) A reasonable person would find, taken as a whole, lacks serious literary, artistic, political, or scientific value; or

(B) Conduct within the meaning of “sexually explicit conduct” as defined in §61-8A-1 of this code.

Adopted

Rejected