Report Title:
Age verification of sexual performers
Description:
Requires producers of pornography to verify that their performers are not minors, document this verification, and affix disclosure of the location of records on pornographic material; prohibits dissemination of pornography without affixed disclosure. (HB2428 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2428 |
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TWENTY-FIRST LEGISLATURE, 2002 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGE VERIFICATION OF SEXUAL PERFORMERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§712-A Failure to maintain age verification records of sexual performers. (1) A person commits the offense of failure to maintain age verification records of sexual performers if the person knowingly produces any performance, book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions made after July 1, 2002, of sexual conduct and:
(a) Knowingly fails to create and maintain age verification records for each sexual performer;
(b) Knowingly makes or causes to be made any false entry into the age verification records of sexual performers required by this section; or
(c) Knowingly fails, except for sexual performers before a live audience, to produce the age verification records of sexual performers required by this section within twenty-four hours when, for the purpose of verifying the age of a sexual performer, a law enforcement officer requests production of the records; or
(d) Knowingly fails, in the case of sexual performers before a live audience, to maintain age verification records at the site of the performance, or knowingly fails to produce age verification records at the site of the performance when requested by a law enforcement officer.
(2) No information or evidence obtained from the age verification records of sexual performers required to be created or maintained by this section shall be used directly or indirectly as evidence against any person with respect to any violation of law; provided that the information or evidence may be used in a prosecution or other action for violation of this section or for violation of any applicable law with respect to the furnishing of false information.
(3) Failure to maintain age verification records of sexual
performers is a class C felony.
§712-B Failure to affix information disclosing location of age verification records of sexual performers. (1) A person commits the offense of failure to affix information disclosing location of age verification records of sexual performers if the person knowingly produces any book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions made after July 1, 2002, of sexual conduct, and fails to affix to each copy a statement describing where any records required by section 712-A with respect to all performers depicted in that copy of the matter are located, including the current address and telephone number of the custodian of those records.
(2) If the person to whom any recordkeeping requirement of section 712-A applies is an organization, the information required by this section to be affixed to the book, magazine, periodical, film, videotape, computer, or other matter that contains one or more visual depictions of sexual conduct shall include the name, title, and business address of the individual employed by the organization who is responsible for maintaining the records required by section 712-A.
(3) Failure to affix information disclosing location of age verification records of sexual performers is a class C felony.
§712-C Disseminating visual depiction of sexual conduct without information affixed disclosing location of age verification records of sexual performers. (1) A person commits the offense of disseminating visual depiction of sexual conduct without information affixed disclosing location of age verification records of sexual performers if the person knowingly disseminates, sells, or otherwise transfers, or offers for sale or transfer, any book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions, made after July 1, 2002, of sexual conduct that does not have affixed thereto a statement describing where the age verification records required by section 712-A may be located; provided this section shall not be construed to impose a duty upon any person to determine the accuracy of the contents of an affixed statement disclosing location of age verification records or of the records required to be kept at that location.
(2) Disseminating visual depiction of sexual conduct without information affixed disclosing location of age verification records of sexual performers is a misdemeanor."
SECTION 2. Section 712-1210, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:
""Age verification records of sexual performers" means individually identifiable records pertaining to every sexual performer portrayed in a visual depiction of sexual conduct that include:
(a) Each performer's name and date of birth, as ascertained by the producer's personal examination of a performer's valid driver's license, official state identification card, or passport;
(b) A certified copy of each performer's valid driver's license, official state identification card, or passport; and
(c) Any name ever used by each performer, including but not limited to maiden name, alias, nickname, stage name, or professional name.
"Live audience" means members of the public present during
an on-going performance excluding persons producing the
performance.
"Produces" means to produce, manufacture, or publish any performance, book, magazine, periodical, film, videotape, computer image, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity that does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted.
"Sexual performer" includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexual conduct."
SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on February 30, 3025.