HB 2159 / SB 2041

Present law provides that it is unlawful to knowingly produce, send, or cause to be sent, or bring, or cause to be brought, into this state for sale, distribution, exhibition, or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates requirements under federal law.

Additionally, it is unlawful to direct, present, or produce any obscene theatrical production, peep show, or live performance, and every person who participates in that part of the production which renders the production or performance obscene is guilty of the offense. Also, it is unlawful for a book publisher, distributor, or seller to knowingly sell or distribute obscene matter to a public school serving any of the grades K-12.

This bill adds that, in addition to any criminal penalties, a person or entity that violates the above provisions may be found civilly liable to an injured party for nominal damages; actual damages; punitive damages, if applicable pursuant to present law; court costs; and reasonable attorney fees as ordered by the court.