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H 230

INDECENT SEXUAL EXHIBITIONS AND CIVIL ACTIONS – Adds to existing law to establish provisions regarding a civil action following an indecent sexual exhibition.

68th Legislature, 1st Regular Session (2025)

House Bill H 230 requires event organizers to limit minors' access to indecent sexual exhibitions, allowing civil actions if precautions aren't taken to protect youth.

Introduced, read first time; referred to: State Affairs
#civilactions #courts #obscenity #speech
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WeVote Research Nonpartisan
Bill Summary · H 230

Summary of House Bill H 230: Indecent Sexual Exhibitions and Civil Actions

Bill Overview

  • Bill Number: H 230
  • Title: Indecent Sexual Exhibitions and Civil Actions
  • Introduced: February 13, 2025
  • Status: Introduced, read first time; referred to State Affairs
  • Classification: Bill
  • Subject: Civil Actions, Courts, Obscenity, Speech

Purpose and Intent

House Bill H 230 aims to establish legal provisions concerning civil actions related to indecent sexual exhibitions. The bill seeks to create a framework that allows for the regulation of such exhibitions, particularly in contexts where minors may be present. It does not outright ban indecent sexual exhibitions but instead introduces regulations that align with constitutional standards regarding free speech.

Key Provisions

  1. Duty of Care:

    • The bill imposes a duty of care on hosts, organizers, and performers of indecent sexual exhibitions to take reasonable steps to limit minors' access to these events.

  2. Regulation Framework:

    • The bill establishes that indecent sexual exhibitions may be regulated based on time, place, and manner, similar to federal standards for content deemed appropriate for daytime television.

  3. Affirmative Defenses:

    • Hosts of ticketed events can defend against civil actions if they can demonstrate that:
      • The minor in attendance is at least 14 years old.
      • A legally enforceable contract exists that prohibits performers from engaging in indecent sexual conduct.

  4. Legislative Findings:

    • The bill outlines various findings related to the First Amendment and the regulation of sexualized conduct, emphasizing the government's interest in protecting minors from exposure to indecent content.

  5. Emergency Clause:

    • The bill includes a declaration of an emergency, which may affect its implementation timeline.

Impact

  • Target Audience:

    • The legislation primarily affects event organizers, performers, and venues hosting indecent sexual exhibitions, as well as minors who may attend such events.

  • Legal Framework:

    • By establishing a civil action framework, the bill allows individuals to seek legal recourse if they believe that reasonable measures to protect minors were not taken.

  • No Fiscal Impact:

    • According to the fiscal note, the bill is expected to have no financial implications for state or local governments.

Procedural Aspects

  • The bill was introduced and referred to the State Affairs Committee on February 13, 2025.
  • It has undergone several readings and was passed by the House on February 25, 2025, with a vote of 54-11-5.
  • The bill is currently awaiting further action in the Senate.

Conclusion

House Bill H 230 seeks to balance the regulation of indecent sexual exhibitions with the protection of minors, establishing a legal framework for civil actions while respecting First Amendment rights. The bill's provisions aim to ensure that event organizers take necessary precautions to prevent minors from accessing potentially harmful content.

Compiled from official sources — confirm details with the bill’s official record.

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