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House rejects substitute to bill that would criminalize exposing minors to explicit motion pictures

Utah House of Representatives · February 26, 2001
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Summary

Members debated first substitute to House Bill 304, which sought criminal penalties for allowing minors access to explicit motion pictures; the House voted 12‑59 against the substitute after lengthy debate about definitions, overbreadth and burden on owners/operators.

Lawmakers sharply debated a first substitute to House Bill 304 on Feb. 22 that would have created criminal penalties for allowing minors access to motion pictures deemed harmful to minors.

Representative Hogue, the floor sponsor, described conversations with high‑school students and industry responses to the issue and said the bill attempts to address a problem the motion‑picture industry has not self‑policed. "We just buy a ticket to a PG or a G even, and we can walk into any R‑rated movie we want to," he said, recounting a student exchange. Representative Allen moved Amendment 3 to the substitute, which changed the culpability standard to recklessness or criminal negligence, adjusted penalty classifications (first offense as a class B misdemeanor with judicial discretion) and removed mandatory sentencing.

Opponents—including Representative Young, Representative Curtis and others—argued the bill was drafted too broadly, questioned what the code means by "motion picture," and warned private individuals and building owners could be exposed to criminal liability for conduct beyond the control of theater operators. Representative Curtis, who previously prosecuted misdemeanors, read potential charging language and warned the definition could sweep in private cable or home‑viewing scenarios. Supporters urged starting somewhere and leaving sentencing discretion to judges.

The House voted to reject the first substitute, 12‑59 and the substitute was filed.