GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1135

Short Title:  No Sadistic Videos to Minors.	(Public)
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Sponsors: Representatives Russell; Bowman and Gardner.
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Referred to:  Courts and Justice.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE COMMERCIAL DISSEMINATION OF SADISTIC VIDEOS TO MINORS.
The General Assembly of North Carolina enacts:
Section 1.  Article 26 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-190.21.  Commercially disseminating sadistic video movies harmful to minors.
(a)	Offense. – A person commits the offense of commercially disseminating a sadistic video movie harmful to minors if, knowing the character or content of the video movie, he sells, rents, or otherwise distributes for consideration a sadistic video movie harmful to a minor.
(b)	Definitions. – The following definitions apply to this section:
(1)	Minor.  A minor is a person who is less than 18 years old.
(2)	Sadistic Video Movie Harmful to Minors.  A sadistic video movie harmful to minors is one which contains depictions of sadistic violence and which:
a.	A reasonable adult applying contemporary community standards would find that when viewed as a whole the video movie has a predominant tendency to appeal to a morbid interest of minors in violence;
b.	A reasonable adult applying contemporary community standards would find that the depiction of sadistic violence in the video movie is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and
c.	A reasonable adult would find that when viewed as a whole the video movie lacks serious literary, artistic, political, or scientific value for minors.
(3)	Sadistic Violence.  Sadistic violence is the killing, torturing, or maiming of a person for the pleasure that the act brings to the participants.
(c)	Defense. – Except as provided in subdivision (2) of this subsection, a mistake of age is not a defense to a prosecution under this section.  It is an affirmative defense to a prosecution under this section that:
(1)	The defendant was a parent or legal guardian of the minor.
(2)	Before disseminating the video movie, the defendant requested and received a drivers license, student identification card, or other form of identification indicating that the minor to whom the video movie was disseminated was at least 18 years old, and the defendant reasonably believed the minor was at least 18 years old.
(3)	The dissemination was made with the prior consent of a parent or guardian of the recipient.
(d)	A violation of subsection (a) is a misdemeanor and is punishable by imprisonment for up to six months and a fine of at least five hundred dollars ($500.00)."
Sec. 2.  The provisions of this act are severable, and if any provision of this act is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of the act which can be given effect without the invalid provision.
Sec. 3.  This act becomes effective December 1, 1993, and shall apply to offenses occurring on or after that date.