Report Title:

Age verification of sexual performers; record keeping

 

Description:

Requires producers of pornography to verify that their performers are not minors, and requires them to keep documentation of this verification. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2428

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

RELATING TO AGE VERIFICATION OF SEXUAL PERFORMERS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"712-A Failure to maintain age verification records of sexual performers. (1) A person commits the offense of failure to maintain age verification records of sexual performers if the person knowingly produces any performance, book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions of sexual conduct made after July 1, 2002, and:

(a) Knowingly fails to create and maintain age verification records for each sexual performer;

(b) Knowingly makes or causes to be made any false entry into the age verification records of sexual performers required by this section; or

(c) Knowingly fails to produce the age verification records of sexual performers required by this section, for the purpose of verifying the age of a sexual performer, when a law enforcement officer requests production of the records.

(2) Failure to maintain age verification records of sexual performers is a class C felony.

712-B Failure to affix information disclosing location of age verification records of sexual performers. (1) A person commits the offense of failure to affix information disclosing location of age verification records of sexual performers if the person knowingly produces any book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions of sexual conduct made after July 1, 2002, and fails to affix to each copy a statement describing where any records required by section 712-A with respect to all performers depicted in that copy of the matter may be located, including the current address and telephone number of the custodian of those records.

(2) If the person to whom any record-keeping requirement of this chapter applies is an organization, the information required by section 712-A to be affixed under subsection (1) shall include the name, title, and business address of the individual employed by the organization who is responsible for maintaining the records required by section 712-A.

(3) Failure to affix information disclosing location of age verification records of sexual performers is a class C felony.

712-C Disseminating visual depiction of sexual conduct without information disclosing location of age verification records of sexual performers affixed. (1) A person commits the offense of disseminating visual depiction of sexual conduct without information disclosing location of age verification records of sexual performers if the person knowingly disseminates, sells, or otherwise transfers, or offers for sale or transfer, any book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions of sexual conduct made after July 1, 2002, and that does not have affixed thereto a statement describing where the age verification records required by section 712-A may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or of the records required to be kept.

(2) Disseminating visual depiction of sexual conduct without information disclosing location of age verification records of sexual performers affixed is a misdemeanor."

SECTION 2. Section 712-1210, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

""Age verification records of sexual performers" means individually identifiable records pertaining to every sexual performer portrayed in a visual depiction of sexual conduct, which include:

(1) Each performer's name and date of birth, as ascertained by the producer's personal examination of a performer's valid driver's license, official state identification card, or passport;

(2) A certified copy of each performer's valid driver's license, official state identification card, passport, or birth certificate; and

(3) Any name ever used by each performer including, but not limited to, maiden name, alias, nickname, stage name, or professional name.

"Produces" means to produce, manufacture, or publish any performance, book, magazine, periodical, film, videotape, computer image, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity that does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted.

"Sexual conduct" has the same meaning as in section 712-1200(2).

"Sexual exploitation of a minor" means any person who intentionally, knowingly, or recklessly engages or retains the services of a minor for money or property consideration to:

(1) Provide, to patrons or customers of a public establishment, exotic or nude dancing or entertainment;

(2) Provide exotic or nude dancing or entertainment in a private club or event; or

(3) Provide erotic or nude massage services if the person massaged or performing the massage is nude.

"Sexual performer" includes any person portrayed in a pornographic visual depiction engaging in, or assisting another person to engage in, sexual conduct."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new section in this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.