The Prevent Harm to Children Act (S579) increases the penalty for dissemination of obscenity to a minor to a Class H felony.

In particular, the bill:

• Amends current law to make it a Class H felony to make available an obscene writing, picture, play, dance in the presence of a minor.  For an adult, the penalty is a Class I felony.
  • A Class H felony carries with it a penalty of 3-25 mos. and the punishment can range from Community Service to mandatory Active Time.  The amount of time and the type of punishment depends on the record of the Defendant.
  • A Class I felony carries a penalty of 3 to 12 months and the punishment can range from Community Service to discretionary active time.
• Prohibits adult live entertainment on public property or on property leased by a government entity (state, county, city). The punishment is a Class A1 misdemeanor for the first offense with a Class I felony for a second or subsequent offense.
  • “Adult live entertainment” includes a performance that involves real people exposing human genitalia, the public region, buttocks or human genitals.
  • It also includes entertainment involving sexual activity which includes human genitals in a state of sexual stimulation or arousal, masturbation, sexual intercourse or sodomy or fondling or erotic touching of female breasts, human genitals, pubic regions, or buttocks.
  • A Class A1 misdemeanor carries with it a minimum of 1 day of community service to a maximum sentence of 150 days in jail and a fine in the amount determined by the Court. The amount of time and type of sentence depends on the criminal record of the defendant.
• Prohibits sexual contact by an adult (18 years or older) with a minor. The punishment is a Class A1 misdemeanor
  • Sexual contact includes the intentional touching of a minor’s sexual organ, anus, breast, groin or buttocks for the purpose of sexual gratification, done for a sexual purpose or done in a sexual manner.
  • Touching can be with the person’s own intimate parts, clothed or unclothed.