87-363 WHITE - C�7V CIERK
PINK - FINANCE GITY OF SAINT PAIUL Council /� �J/J
C4NARY - DEPARTMENT File NO. " �_ v ` �
BLUE - MAVOR
Co l R olut�on
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Presented By -
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Referred To Committe�e: Date
Out of Committee By Date
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WHEREAS, the Ci y of Saint Paul is committed to m�.intaining and improving
the quality of our n ighborhoods; and
WHEREAS, presen e of businesses purveying sexually explicit and obscene
material often has a emoralizing and detrimental effedt on city neighborhoods
and conditions; and
WHEREAS, under c rrent law it is difficult to prosecute and sanction those
who distribute such m terials; and j
WHEREAS, a bill or an Act (S.F. 236, H.F. 402) belfore the Minnesota
Legislature during th 1987 session would improve prosecution opportunities and
increase sanctions ag inst those involved in the distri�bution of obscene materials;
now, therefore, be it
RESOLVED, that t e City of Saint Paul support the �assage of S.F. 236 and
H.F. 422.
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COUNCILMEN Requested by Department of:
Yeas p�eW Nays
Nicosia lI
Rettman IR FBVOi
Scheibel
s�,. � __ Against BY
Tedesco -�
Wilson
Adopted by Council: Date MAR 2 �' �98� Form App a by Cit Attor ey
Certified Passe o ci S cret B
By,
Appro Mavor• D -F�3 � t�l Approved by M�yor for Submission to Council
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g,� _ �-'LJ`'�= _ _ gY
PUBIISNfD u�'� 1 � 198 7 - i
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Senators Waldorf, erriam, Jude , Laidig and Kna�ak introduced--
S. F. No. 236 Re erred to the Committee on J�diciary
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1 A bill for an act ,
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�� 2 relating t obscenity; prohibiting the distribution
''� 3 and exhibi ion of obscene materials an�3 performances;
; 4 prescribin penalties; amending Minnesota Statutes
5 1986, sect ' on 617 . 241. �
6 �
7 BE IT ENACTED Y THE LEGISLATURE OF THE STAITE OF MINNESOTA:
8 Section 1 . Minnesota Statutes 1986 , slection 617 . 241, is
9 amended to rea :
10 617. 241 [ BSCENE MP,TERIALS AND PERFORN�ANCES;
11 DISTRIBUTION A D EXHIBITION PROHIBITED; PEI�ALTY. J
12 Subdivisi n 1 . �DEFINITIONS. � For pu�poses oF this
13 section, the f llowing terms have the meani�ngs given them:
14 (a) "Obsc ne" means that the work , tal�en as a whole,
15 appeals to the prurient interest in sex e�tthe-aeerage-peraon;
16 whteh-portraya patent�p-offenssne and depi�ts or describes in a
17 atentl offen ive manner sexual conduct aq�d which, taken as a
18 whole, does no have se*ious literary, art;istic, political , or
19 scientific val e. In order to determine that a work is obscene,
20 the trier of f ct must find:
,. 21 ( i) that the average person, applyinglcontemporary
� 22 community sta dards would find that the work, taken as a whole,
23 appeals to th prurient interest in sex ef-the-adere�ge-peraen;
� 24 ( ii) tha the work depicts patently offensive sexual
' 25 conduct speci ically defined by clause (b) in a patently
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1 offensive manner; and
. . 2 ( iii) .that he work, taken as �a whole, lacks serious
3 literary, artist' c, political, or scientific' value.
4 (b) "�atent y-effe�szde Sexual conduct" ' iat�tsdea means any
5 of the following e3epreted-aext�a�-eendrset:
6 ( i) An act f sexual intercourse, norma� or perverted,
7 actual or simula ed, including genital-genit�l, anal-genital, or
8 oral-genital int rcourse, whether between hu an beings or
9 between a human eing and an animal.
10 ( ii) Sadoma ochistic abuse, meaning fla ellation or torture
11 by or upon a per on who is nude or clad in u dergarments or in a
12 sexually reveali g costume or the condition f being fettered,.
13 bound, or otherw se physically restricted on '',the part of one so
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14 clothed or who i nude.
15 ( iii) Mastu bation, excretory functions, or lewd
16 exhibitions of t e genitals including any explicit, close-up
17 representation o a human genital organ.
18 ( iv) Physic 1 contact or simulated physical contact with
19 the clothed or u clothed pubic areas or butta,cks of a human male
20 or female, or th breasts of the female, whetllher alone or
21 between members f the same or opposite sex or between humans
22 and animals in a act of apparent sexual stimilation or
23 gratification. �,
24 (c) "Community" means the political subdivision from which
25 persons properly ualified to serve as jurors in a eiei�
26 criminal proceedi g are chosen.
27 d "Work" m ans "material" or " erformance. "
28 e "Materia " means a book, ma azine, sm hlet, a er,
29 writin , card, ad ertisement, circular , rint icture,
30 hoto ra h, motio icture film, videota e, s ' ri t, ima e,
31 instrument, statu , drawin , ar other article
32 f "Perform nce" means a la , motion cture, dance, or
33 other exhibition erformed before an audiencei
34 Subd. 2 . [C IME. J It is unlawful for an� a person
35 knoNing�y, knowin or with reason to know its content and
�`� 36 character, to:
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' 1 (a� exhibit, sell, print, offer to sell, give away,
2 circulate, publis , distribute or attempt to distribute any
3 obscene books-�eg z#ne;-pe�pk�et;-paper;-arit ng;-eard7
4 adeertiae�ent=-et ee��ar;-prtnts-ptetare=-phet graphT-motton
5 pietetre-fi��T-p�a =-in�age?-inatrt�me�t?-atattse*-draatrtgT-or-ether
6 artie�e-whteh-ta- baeene material; or
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7 b roduce, resent, artici ate in, or direct an obscene
8 performance.
9 Subd. 3. [P NALTY. J Ar�y A person violating anp-preesator�
10 ef-tkta-aeetten-a a��-be-ftt�ed-�p-to-$�8;@99-for-tke-firat
11 offenae-and-�p-te- �6;966-for-the-�eeone3-or-a-�abaeqrsent-offenae
12 subdivision 2 is ilt of a ross misdemeanor and ma be
13 sentenced to im ri onment for not more than on ear , or to
14 a ment of a fine f not more than $3, 000 , or oth.
15 Subd. 4. [SE OND OR SUBSEQUENT VIOLATIONS. ] Whoever
16 violates the rovi ions of subdivision 2 within five ears of a
17 revious convictio under that subdivision is uilt of a felon
18 and ma be sentenc d to im risonment for not m � re than two
19 ears, or to a me t of a fine of not more than $10,000, or both.
20 Sec. 2. (EFF CTIVE DATE. ]
21 Section 1 is ffective the da after fina enactment .
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