February 1, 2005, Introduced by Senators SANBORN, KUIPERS, BIRKHOLZ, HARDIMAN, GARCIA, BARCIA, CLARKE, CROPSEY and GOSCHKA and referred to the Committee on Judiciary.
A bill to prohibit publicly displaying or playing sexually
explicit matter; and to provide penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Display" means to exhibit, hold up, present, project,
show, put or set out to view, or make visible.
(b) "Erotic fondling" means touching a person's clothed or
unclothed genitals, pubic area, buttocks, or, if the person is
female, breasts, for the purpose of sexual gratification or
stimulation.
(c) "Nudity" means the lewd display of the female breasts,
human male or female genitals, or pubic area.
(d) "Sadomasochistic abuse" means either of the following:
(i) Flagellation, or torture, for sexual stimulation or
gratification, by or upon a person who is nude or clad only in
undergarments or in a revealing or bizarre costume.
(ii) The condition of being fettered, bound, or otherwise
physically restrained for sexual stimulation or gratification, of a
person who is nude or clad only in undergarments or in a revealing
or bizarre costume.
(e) "Sexual excitement" means the condition of human male or
female genitals when in a state of sexual stimulation or arousal.
(f) "Sexual intercourse" means intercourse, real or simulated,
whether genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex or between a
human and an animal.
(g) "Vehicle" means that term as it is defined in section 79
of the Michigan vehicle code, 1949 PA 300, MCL 257.79.
Sec. 2. As used in this act:
(a) "Sexually explicit audible material" means a sound
recording that contains an explicit and detailed verbal description
or aural representation of sexual excitement, erotic fondling,
sexual intercourse, or sadomasochistic abuse.
(b) "Sexually explicit matter" means sexually explicit visual
material or sexually explicit audible material.
(c) "Sexually explicit visual material" means a picture,
photograph, drawing, sculpture, motion picture film, videotape,
compact disc, digital video, or versatile disc or similar form of
visual representation through any technological means that depicts
nudity, sexual excitement, erotic fondling, sexual intercourse, or
sadomasochistic abuse, or a book, magazine, or pamphlet that
contains such a photograph, drawing, or other form of visual
representation.
Sec. 3. (1) A person is guilty of publicly displaying or
playing sexually explicit matter if that person, knowing the nature
of the matter, recklessly or knowingly does any of the following:
(a) Openly or in a public manner displays sexually explicit
visual material or plays sexually explicit audible material so that
the material is visible or audible to a member of the general
public.
(b) Displays sexually explicit visual material or plays
sexually explicit audible material in a vehicle on a street,
highway, or other place open to the general public or generally
accessible to motor vehicles, including an area designated for the
parking of vehicles, when the displaying or playing of that
material is visible or audible to members of the general public
outside the vehicle, either as pedestrians or as individuals in
other vehicles within 1,000 feet of the vehicle.
(2) A person knows the nature of matter if the person either
is aware of its character and content or recklessly disregards
circumstances suggesting its character and content.
(3) A person is guilty of publicly displaying or playing
sexually explicit matter under subsection (1) whether or not any
individual member of the public in particular actually views or
hears the material being displayed, if the displaying or playing of
the material occurred under circumstances in which an individual
might reasonably have been expected to observe or hear the
material.
(4) Publicly displaying or playing sexually explicit matter is
a crime as follows:
(a) Except as provided for in subdivision (b), a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500.00, or both.
(b) For a second or subsequent offense, a felony punishable by
imprisonment for not more than 2 years or a fine of not more than
$5,000.00, or both.