04/07/1995 01:39 PM Senate JUD

                  HB 188 INDECENT PHOTOGRAPHY                                 
                                                                              
 SENATOR TAYLOR announced CSHB 188(JUD)am was previously heard by              
 the committee but was delayed to give others a chance to review the           
 measure.                                                                      
                                                                               
 DAVE GRAY, legislative aide to Representative Mackey, was available           
 to answer questions on the bill.                                              
 SENATOR TAYLOR stated there was concern that the definitions                  
 included in the measure were too vague, as well as the description            
 of the offense itself.  MARGOT KNUTH, assistant attorney general,             
 stated the definitions are not a concern of the Department of Law.            
                                                                               
 SENATOR TAYLOR commented the Public Defender Agency shared some               
 concerns about the definitions but were unable to offer alternative           
 or additional language.  He noted he is still concerned about the             
 broadness of the definition, but does not have better language to             
 offer.  SENATOR ADAMS asked which definition Senator Taylor was               
 concerned about.  SENATOR TAYLOR replied the term "reasonably                 
 believed" on page 2, line 17, is unclear, because the intent of the           
 person being photographed, and the intent to use that which is                
 produced, both need to be reviewed.  He added the committee also              
 had a lengthy discussion about the age of the person who gives                
 consent, and he did not want to lower the age below 13.  He stated            
 the bill, although not perfect, addresses a unique situation that             
 has occurred.                                                                 
                                                                               
 SENATOR ADAMS stated he thought the committee agreed to maintain              
 the age of 13 in the bill.  SENATOR TAYLOR agreed.                            
                                                                               
 SENATOR GREEN moved CSHB 188(JUD)am from committee with individual            
 recommendations.  There being no objection, so moved.