CSSB 216(STA): "An Act relating to the sale, display, or distribution of material harmful to minors at places where minors are present or allowed to be present and where minors are able to view such material; and prohibiting the sale or display of certain audio recordings, phonograph records, magnetic tapes, compact discs, or music video recordings, without warning labels and opaque wrappings."
00CS FOR SENATE BILL NO. 216(STA) 01 "An Act relating to the sale, display, or distribution of material harmful to 02 minors at places where minors are present or allowed to be present and where 03 minors are able to view such material; and prohibiting the sale or display of 04 certain audio recordings, phonograph records, magnetic tapes, compact discs, or 05 music video recordings, without warning labels and opaque wrappings." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 11.61 is amended by adding new sections to read: 08 Sec. 11.61.127. SALE, DISPLAY, OR DISTRIBUTION OF MATERIAL 09 HARMFUL TO MINORS. (a) A person commits the crime of sale, display, or 10 distribution of material harmful to minors if the person knowingly sells, displays, or 11 distributes any material, including the covers and packaging of the material, but not 12 including audio or music video recordings, that is harmful to minors in any place 13 where minors are present or are allowed to be present and where minors are able to 14 view such material unless each item of the material is sealed in an opaque wrapper.
01 (b) In this section, the requirement of an opaque wrapper shall be satisfied if 02 the portions of the covers or packaging of the material that visually depict material 03 harmful to minors are blocked with the opaque wrapper and the wrapper is sealed. 04 (c) In this section, 05 (1) "material harmful to minors" means a 06 (A) description or representation, in any form, of nudity, sexual 07 conduct, or sexual excitement when it 08 (i) predominately appeals to the prurient, shameful, or 09 morbid interest of minors in sex; 10 (ii) is patently offensive to contemporary standards in 11 the adult community as a whole with respect to what is suitable sexual 12 material for minors; and 13 (iii) taken as a whole, lacks serious literary, artistic, 14 political, or scientific value for minors; or 15 (B) graphic description, representation of, or incitement to 16 violent behavior that if acted out would constitute felonious behavior that is 17 morally repugnant to the community as a whole; 18 (2) "music video recording" means a visual depiction of a song or 19 songs that is not voluntarily rated by the Classification and Rating Administration 20 (CARA). 21 (d) Sale or display of material harmful to minors is a class B misdemeanor. 22 Sec. 11.61.128. UNLAWFUL SALE OR DISPLAY OF AUDIO OR MUSIC 23 VIDEO RECORDING. (a) A person commits the crime of unlawful sale of audio or 24 music video recording if the person knowingly sells or offers to sell an audio 25 recording, phonograph record, magnetic tape, compact disc, or music video recording 26 that contains lyrics that include or are descriptive of material harmful to minors, unless 27 the cover of such recording, record, tape, or disc contains a warning label that the 28 lyrics contain material harmful to minors. 29 (b) A person commits the crime of unlawful display of audio or music video 30 recording if the person knowingly displays an audio recording, phonograph record, 31 magnetic tape, compact disc, or music video recording, whose packaging uses words,
01 symbols, or pictures that include or describe material harmful to minors unless the 02 recording is sealed in an opaque wrapping. 03 (c) In this section, the requirement of a warning label shall be satisfied if the 04 label is affixed to the front cover, beneath any cellophane or other clear wrapping 05 material or above any opaque wrapping material, of the audio recording, phonograph 06 record, magnetic tape, compact disc, or music video recording and for (1) cassette 07 tapes and compact discs or other recordings the same size or smaller than cassette 08 tapes or compact discs, is printed with black letters of eight point type or larger, except 09 that the words "WARNING" and "PARENTAL ADVISORY" shall be of 10 point type 10 or larger on a fluorescent yellow background; or (2) all other audio or music video 11 recordings larger than cassette tapes or compact discs, is printed with black letters of 12 12 point type or larger on a fluorescent yellow background, except that the words 13 "WARNING" and "PARENTAL ADVISORY" shall be printed in letters which are of 14 48 point type or larger, and the label reads substantially as follows: 15 "WARNING: 16 May contain explicit lyrics that include or describe material 17 harmful to minors. 18 PARENTAL ADVISORY". 19 (d) In this section, the requirement of an opaque wrapper is satisfied if the 20 portions of the packaging of the audio recording, phonograph record, magnetic tape, 21 compact disc, or music video recording that describe, advocate, or encourage the 22 conduct described in (b) of this section are blocked with an opaque wrapper and the 23 wrapper is sealed. 24 (e) In a prosecution under this section, each day that a violation occurs and 25 each audio recording, phonograph record, magnetic tape, compact disc, or music video 26 recording that is found in violation of this section is a separate offense. 27 (f) In this section, "material harmful to minors" and "music video recording" 28 have the meanings given in AS 11.61.127. 29 (g) Except as provided in (h) of this section, a violation of (a) or (b) of this 30 section is a class B misdemeanor. 31 (h) A person convicted under this section is guilty of a class A misdemeanor
01 if the person has previously been convicted of a violation of this section.