May 3, 2005, Introduced by Rep. Pavlov and referred to the Committee on Judiciary.
A bill to amend 1978 PA 33, entitled
"An act to prohibit the dissemination, exhibiting, or displaying of
certain sexually explicit matter to minors; to prohibit certain
misrepresentations facilitating the dissemination of sexually
explicit matter to minors; to provide penalties; to provide for
declaratory judgments and injunctive relief in certain instances;
to impose certain duties upon prosecuting attorneys and the circuit
court; to preempt local units of government from proscribing
certain conduct; and to repeal certain acts and parts of acts,"
by amending section 3 (MCL 722.673), as amended by 2003 PA 192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Sexually explicit matter" means sexually explicit visual
material, sexually explicit verbal material, or sexually explicit
performance.
(b) "Sexually explicit performance" means a motion picture,
video game, exhibition, show, representation, or other presentation
that, in whole or in part, depicts nudity, sexual excitement,
erotic fondling, sexual intercourse, or sadomasochistic abuse.
(c) "Sexually explicit verbal material" means a book,
pamphlet, magazine, printed matter reproduced in any manner, or
sound recording that contains an explicit and detailed verbal
description or narrative account of sexual excitement, erotic
fondling, sexual intercourse, or sadomasochistic abuse.
(d) "Sexually explicit visual material" means a picture,
photograph, drawing, sculpture, motion picture film, video game, or
similar visual representation that depicts nudity, sexual
excitement, erotic fondling, sexual intercourse, or sadomasochistic
abuse, or a book, magazine, or pamphlet that contains such a visual
representation. An undeveloped photograph, mold, or similar visual
material may be sexually explicit material notwithstanding that
processing or other acts may be required to make its sexually
explicit content apparent.
(e) "Video game" means an electronic game played by means of
images on a video screen.