Bill Text: MN SF2882 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Parental civil cause of action for obscene materials dissemination to a child
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-03-24 - Referred to Judiciary [SF2882 Detail]
Download: Minnesota-2013-SF2882-Introduced.html
1.2relating to education; modifying certain school liability provisions; creating
1.3a civil cause of action;amending Minnesota Statutes 2012, sections 617.291,
1.4subdivision 2; 617.295; 617.296, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 617.291, subdivision 2, is amended to read:
1.7 Subd. 2. Best interest. It is in the best interest of the health, welfare, and safety
1.8of the citizens of this state, and especially of minors within the state, that commercial
1.9dissemination, and dissemination without monetary consideration in a place of public
1.10accommodation, of sexually explicit written, photographic, printed, sound or published
1.11materials, and of plays, dances, or other exhibitions presented before an audience, that are
1.12deemed harmful to minors, be restricted to persons over the age of 17 years; or, if available
1.13to minors under the age of 18 years, that the availability of the materials be restricted to
1.14sources within established and recognizedschools, churches, museums, medical clinics
1.15and physicians, hospitals, or public libraries, or government sponsored organizations.
1.16 Sec. 2. Minnesota Statutes 2012, section 617.295, is amended to read:
1.17617.295 EXEMPTIONS.
1.18The following are exempt from criminal or other action hereunder:
1.19(1) recognized and establishedschools, churches, museums, medical clinics and
1.20physicians, hospitals, or public libraries,governmental agencies or quasi governmental
1.21sponsored organizations, and persons acting in their capacity as employees or agents of
1.22such organization. For the purpose of this section "recognized and established" shall mean
1.23an organization or agency havinga full time faculty and diversified curriculum in the
2.1case of a school; a church affiliated with a national or regional denomination; a licensed
2.2physician or psychiatrist or clinic of licensed physicians or psychiatrists; and in all other
2.3exempt organizations shall refer only to income tax exempted organizations which are
2.4supported in whole or in part by tax funds or which receive at least one-third of their
2.5support from publicly donated funds;
2.6(2) individuals in a parental relationship with the minor; and
2.7(3) motion picture machine operators, stagehands, or other theatre employees such
2.8as cashiers, doorkeepers, ushers, and concession employees, if such person or persons
2.9have no financial interest in the entertainment presented other than the salary or wage, or
2.10in any theatre or place where such employee has no financial interest when the employee's
2.11services are obtained solely for salary or wage; provided, that such employee is under the
2.12direct supervision of a theatre manager who is a resident of this state and who is not
2.13exempt from action under sections617.291 to
617.297 .
2.14 Sec. 3. Minnesota Statutes 2012, section 617.296, is amended by adding a subdivision
2.15to read:
2.16 Subd. 3. Parental cause of action. The parent or legal guardian of a child has a
2.17civil cause of action against a school or governmental institution when the school or
2.18governmental institution disseminates or otherwise displays to the child obscene material
2.19as defined in section 617.241, subdivision 1, paragraph (a). The plaintiff is entitled to
2.20recover the greater of $1,000 or actual general and special damages, including damages for
2.21emotional distress. A plaintiff may also obtain reasonable attorney fees and an injunction
2.22or other appropriate relief.
1.3a civil cause of action;amending Minnesota Statutes 2012, sections 617.291,
1.4subdivision 2; 617.295; 617.296, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 617.291, subdivision 2, is amended to read:
1.7 Subd. 2. Best interest. It is in the best interest of the health, welfare, and safety
1.8of the citizens of this state, and especially of minors within the state, that commercial
1.9dissemination, and dissemination without monetary consideration in a place of public
1.10accommodation, of sexually explicit written, photographic, printed, sound or published
1.11materials, and of plays, dances, or other exhibitions presented before an audience, that are
1.12deemed harmful to minors, be restricted to persons over the age of 17 years; or, if available
1.13to minors under the age of 18 years, that the availability of the materials be restricted to
1.14sources within established and recognized
1.15and physicians, hospitals, or public libraries
1.16 Sec. 2. Minnesota Statutes 2012, section 617.295, is amended to read:
1.17617.295 EXEMPTIONS.
1.18The following are exempt from criminal or other action hereunder:
1.19(1) recognized and established
1.20physicians, hospitals, or public libraries,
1.21
1.22such organization. For the purpose of this section "recognized and established" shall mean
1.23an organization or agency having
2.1
2.2physician or psychiatrist or clinic of licensed physicians or psychiatrists; and in all other
2.3exempt organizations shall refer only to income tax exempted organizations which are
2.4supported in whole or in part by tax funds or which receive at least one-third of their
2.5support from publicly donated funds;
2.6(2) individuals in a parental relationship with the minor; and
2.7(3) motion picture machine operators, stagehands, or other theatre employees such
2.8as cashiers, doorkeepers, ushers, and concession employees, if such person or persons
2.9have no financial interest in the entertainment presented other than the salary or wage, or
2.10in any theatre or place where such employee has no financial interest when the employee's
2.11services are obtained solely for salary or wage; provided, that such employee is under the
2.12direct supervision of a theatre manager who is a resident of this state and who is not
2.13exempt from action under sections
2.14 Sec. 3. Minnesota Statutes 2012, section 617.296, is amended by adding a subdivision
2.15to read:
2.16 Subd. 3. Parental cause of action. The parent or legal guardian of a child has a
2.17civil cause of action against a school or governmental institution when the school or
2.18governmental institution disseminates or otherwise displays to the child obscene material
2.19as defined in section 617.241, subdivision 1, paragraph (a). The plaintiff is entitled to
2.20recover the greater of $1,000 or actual general and special damages, including damages for
2.21emotional distress. A plaintiff may also obtain reasonable attorney fees and an injunction
2.22or other appropriate relief.
