S*0792(Rat #0394, Act #0358 of 1990)  General Bill, By J.A. Martin
 A Bill to amend Section 16-15-385, Code of Laws of South Carolina, 1976,
 relating to the offense of disseminating material harmful to minors, so as to
 provide that a person does not commit this offense when he employs a minor to
 work in a theatre if the minor's parent or guardian consents to the employment
 and if the minor is not allowed to work in the viewing area when material
 harmful to minors is shown, and to expand the definition of "library" in the
 affirmative defenses to the offense.

   05/18/89  Senate Introduced and read first time SJ-24
   05/18/89  Senate Referred to Committee on Judiciary SJ-24
   01/17/90  Senate Committee report: Favorable Judiciary SJ-11
   01/18/90  Senate Read second time SJ-16
   01/23/90  Senate Read third time and sent to House SJ-18
   01/24/90  House  Introduced and read first time HJ-27
   01/24/90  House  Referred to Committee on Judiciary HJ-27
   02/21/90  House  Committee report: Favorable Judiciary HJ-9
   02/28/90  House  Debate adjourned until Thursday, March 1, 1990 HJ-4
   03/01/90  House  Amended HJ-15
   03/01/90  House  Read second time HJ-15
   03/06/90  House  Read third time and returned to Senate with
                     amendments HJ-13
   03/08/90  Senate Concurred in House amendment and enrolled SJ-2
   03/13/90         Ratified R 394
   03/19/90         Signed By Governor
   03/19/90         Effective date 03/19/90
   03/19/90         Act No. 358
   03/27/90         Copies available

AN ACT TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

Be it enacted by the General Assembly of the State of South Carolina:

Disseminating harmful materials to minors

SECTION 1. Section 16-15-385(A) of the 1976 Code is amended to read:

"(A) A person commits the offense of disseminating harmful material to minors if, knowing the character or content of the material, he:

(1) sells, furnishes, presents, or distributes to a minor material that is harmful to minors; or

(2) allows a minor to review or peruse material that is harmful to minors.

A person does not commit an offense under this subsection when he employs a minor to work in a theater if the minor's parent or guardian consents to the employment and if the minor is not allowed in the viewing area when material harmful to minors is shown."

Disseminating harmful materials to minors

SECTION 2. Section 16-15-385(C)(2) of the 1976 Code is amended to read:

"(2) the defendant was a school, church, museum, public, school, college, or university library, government agency, medical clinic, or hospital carrying out its legitimate function, or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 19th day of March, 1990.