00SENATE BILL NO. 31                                                                                                      
01 "An Act relating to the sale, display, or distribution of material harmful to                                           
02 minors at places where minors are allowed to be present and where minors are                                            
03 allowed to view such material."                                                                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 11.61 is amended by adding a new section to read:                                                   
06  Sec. 11.61.129.  SALE OR DISPLAY OF MATERIAL HARMFUL TO                                                               
07 MINORS.  (a)  A person commits the crime of sale or display of material harmful to                                      
08 minors if the person knowingly sells, displays, or distributes any material, including                                  
09 the covers and packaging of the material, that is harmful to minors in any place where                                  
10 minors are present or are allowed to be present and where minors are able to view                                       
11 such material unless each item of the material is sealed in an opaque wrapper.                                          
12  (b)  In this section, the requirement of an opaque wrapper shall be satisfied if                                      
13 the portions of the covers or packaging of the material that visually depict material                                   
14 harmful to minors are blocked with the opaque wrapper and the wrapper is sealed.                                        

01  (c)  This section does not apply to                                                                                   
02   (1)  recognized and established schools, religious institutions, museums,                                            
03 medical or psychological clinics, hospitals, public libraries, and governmental agencies                                
04 in making available or providing material harmful to minors to a minor as an official                                   
05 function; or                                                                                                            
06   (2)  a parent or guardian of a minor who provides material harmful to                                                
07 minors to the minor.                                                                                                    
08  (d)  In this section, "material harmful to minors" means a description or                                             
09 representation, in any form, of nudity, sexual conduct, or sexual excitement when it                                    
10   (1)  predominately appeals to the prurient, shameful, or morbid interest                                             
11 of minors in sex;                                                                                                       
12   (2)  is patently offensive to contemporary standards in the adult                                                    
13 community as a whole with respect to what is suitable sexual material for minors; and                                   
14   (3)  taken as a whole, lacks serious literary, artistic, political, or                                               
15 scientific value for minors.                                                                                            
16  (e)  Sale or display of material harmful to minors is a class B misdemeanor.