OBSCENE MATERIAL AND LEWD MATTER – Amends existing law to revise the definition of “obscene material” and to revise the definition of “lewd matter.”
Summary
House Bill 795 amends existing Idaho law to revise the definitions of 'obscene material' and 'lewd matter.' The bill clarifies the criteria for what constitutes obscene material, emphasizing the need for consideration of contemporary community standards and the potential artistic, literary, political, or scientific value of the material in question. It also establishes that evidence of commercial exploitation for prurient appeal can influence the determination of whether the material is deemed obscene. Additionally, the bill updates the definition of 'lewd matter' to align it with the revised definition of obscene material, ensuring consistency across legal interpretations.
Impact
The passage of H0795 will affect the legal framework surrounding the distribution and exhibition of materials considered obscene or lewd in Idaho. By clarifying definitions and criteria, the bill aims to provide clearer guidelines for law enforcement and the judiciary in addressing cases related to obscene materials. This could lead to increased scrutiny of materials deemed to appeal to prurient interests, potentially impacting businesses and individuals involved in the distribution of such content.
Sentiment
The sentiment surrounding House Bill 795 appears to be overwhelmingly positive, as evidenced by the unanimous votes in both the House and Senate, with 67-0 and 34-0 votes respectively. This indicates strong bipartisan support for the revisions proposed in the bill, suggesting that lawmakers view the amendments as necessary and beneficial for the state's legal standards regarding obscene and lewd materials.
Contention
While the bill received unanimous support, there may be underlying concerns among some stakeholders regarding the implications of the revised definitions on freedom of expression and artistic content. Critics may argue that the broad definitions could lead to censorship or the unjust targeting of certain materials that possess artistic or educational value. However, no specific points of contention were raised during the discussions or voting process, indicating a general consensus among legislators.
Amends and adds to existing law to revise provisions regarding definitions and fee and financial disclosures and to establish provisions to provide for a period of declarant control, restrictions on board membership, and proxy votes.