HB4465 94TH GENERAL ASSEMBLY

LRB094 16591 RLC 51852 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4465

Introduced 1/11/2006, by Rep. Milton Patterson

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 12C heading new
720 ILCS 5/12C-1 new
720 ILCS 5/12C-5 new
720 ILCS 5/12C-10 new
720 ILCS 5/12C-15 new
720 ILCS 5/12C-20 new
720 ILCS 5/12C-25 new

Amends the Criminal Code of 1961. Creates the Sexually and Violently Explicit Music Compact Discs Law. Prohibits a music compact disc retailer from selling, renting, or permitting to be sold or rented, any violent or sexually explicit music compact disc to any minor under 18 years of age. Provides that music compact disc retailers shall label all violent or sexually explicit music compact discs with a solid white "18" outlined in black. Provides that the "18" shall have dimensions of no less than 2 inches by 2 inches. Provides that the "18" shall be displayed on the front face of the violent or sexually explicit music compact disc cover or label. Provides that a violation is a petty offense. Provides for affirmative defenses.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Article 12C as follows:

(720 ILCS 5/Art. 12C heading new)

ARTICLE 12C. EXPLICIT MUSIC COMPACT DISCS

(720 ILCS 5/12C-1 new)

Sec. 12C-1. Short title. This Article may be cited as the Sexually and Violently Explicit Music Compact Discs Law.

(720 ILCS 5/12C-5 new)

Sec. 12C-5. Findings. The General Assembly finds sexually and violently explicit music compact discs are inappropriate for minors and that the State has a compelling interest in assisting parents in protecting their minor children from sexually and violently explicit music compact discs.

(720 ILCS 5/12C-10 new)

Sec. 12C-10. Definitions. For the purposes of this Article, the following terms have the following meanings:

(a) "Music compact disc retailer" means a person who sells or rents music compact discs to the public.

(b) "Music compact disc" means an optical disk containing recorded music.

(c) "Minor" means a person under 18 years of age.

(d) "Person" includes but is not limited to an individual, corporation, partnership, and association.

(e) "Sexually explicit" music compact discs include those that the average person, applying contemporary community standards would find, with respect to minors, are designed to appeal or pander to the prurient interest and contain lyrics that are patently offensive with respect to minors describing a sexual act or sexual contact, an actual or simulated normal or perverted sexual act or describing a lewd exhibition of the genitals or post-pubescent female breast.

(f) "Violent" music compact discs include lyrics describing human-on-human violence, killings, or serious physical harm to another human. "Serious physical harm" includes descriptions of death, dismemberment, amputation, decapitation, maiming, disfigurement, mutilation of body parts, or rape.

(720 ILCS 5/12C-15 new)

Sec. 12C-15. Restricted sale or rental of violent or sexually explicit music compact discs.

(a) A person who sells, rents, or permits to be sold or rented, any violent or sexually explicit music compact disc to any minor, commits a petty offense for which a fine of $1,000 may be imposed.

(b) A person who sells, rents, or permits to be sold or rented any violent or sexually explicit music compact disc via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed. A person who violates this subsection (b) commits a petty offense for which a fine of $1,000 may be imposed.

(c) A person may not sell or rent, or permit to be sold or rented, any violent or sexually explicit music compact disc through a self-scanning checkout mechanism. A person who violates this subsection (c) commits a petty offense for which a fine of $1,000 may be imposed.

(d) A retail sales clerk shall not be found in violation of this Section unless he or she has complete knowledge that the party to whom he or she sold or rented a violent or sexually explicit music compact disc was a minor and the clerk sold or rented the violent or sexually explicit music compact disc to the minor with the specific intent to do so.

(720 ILCS 5/12C-20 new)

Sec. 12C-20. Affirmative defenses. In any prosecution arising under this Article, it is an affirmative defense:

(1) that the defendant was a family member of the minor for whom the violent or sexually explicit music compact disc was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;

(2) that the minor who purchased the violent or sexually explicit music compact disc exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believed to be authentic;

(3) for the music compact disc retailer, if the retail sales clerk had complete knowledge that the party to whom he or she sold or rented a violent or sexually explicit music compact disc was a minor and the clerk sold or rented the violent or sexually explicit music compact disc to the minor with the specific intent to do so; or

(4) that the music compact disc sold or rented was pre-packaged and rated by a music compact disc rating service recognized by the music publishing and distribution industry.

(720 ILCS 5/12C-25 new)

Sec. 12C-25. Labeling of violent or sexually explicit music compact discs.

(a) Music compact disc retailers shall label all violent or sexually explicit music compact discs as defined in this Article, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the violent or sexually explicit music compact disc cover or label.

(b) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.