HB 1172 – Intent to sell sexually explicit products

House Bill 1172 Intent to sell sexually explicit products. Rep. Goodin:

Requires a person that intends to sell sexually explicit materials, products, or services to register and file a statement with the secretary of state. Provides that a person that sells sexually explicit materials, products, or services without registering and filing the statement commits a Class B misdemeanor.

The bill defines materials, products, or services as “sexually explicit” if, either:
(1) the average person, applying contemporary community standards, would find that the dominant theme of the materials, products, or services, taken as a whole, appeals to the prurient interest in sex; or the materials, products, or services depict or describe, in a patently offensive way, sexual conduct; OR
(2) the materials, products, or services are designed for use in or marketed primarily for the stimulation of human genital organs; or masochism or sadism.

A Class B misdemeanor means the offense can be punished by up to 180 days of incarceration and up to a $1,000 fine. So, does this mean that every hotel that offers Cinemax at night has to register?

I guess the Puritanical streak in our culture is frequently at odds with the free-market, capitalistic streak in our society. In any event, it was referred to the Rules Committee, a place where bills traditionally go to die.

[tags]HB1172-2007, sex[/tags]