Show COMPLETE CABLE AN ACT RELATING TO THE CRIMINAL DISTRIBUTION OF OVER CABLE TELEVISION AND OTHER TERMS THIS ACT ENACTS OBSCENE CODE AND DEFINING AND PROVIDING SECTION PROHIBITING TEXT OF INITIATIVE TV DECENCY ACT (E) The provisions of subsection (A) (B) and (C) are not intended to interfere with or preempt the power of any political subdivision of this state over franchises or the authority of a local political subdivision to regulate obscenity THE INDECENT MATERIAL INDECENT MATERIAL PENALTIES UTAH CODE or indecency in a manner which is not inconsistent subsections (A) (B) and (C) ANNOTATED 1953 Be concerned is preempted federal regulations Whereas it is the right and duty of the citizens of the state of Utah to to protect the moral standards of their communities enable the citizens of this state to be free from indecent and (H) “Distribute" telecast broadcast transmit proven by direct or circumstantial is evidence or both As used in this section “indecent material" means a depiction representation or verbal description of: (J) (1) (A) It is unlawful for any person to knowingly distribute within this state any obscene or indecent material by means of cable television A human sexual or excretory organ or function or (2) A state of undress so as to expose the human male or female genitals pubic area or buttocks with less than a fully opaque covering or the showing the prurient appeal purposes of the female breast with less than a fully opaque covering of (B) It is unlawful for any person to knowingly distribute within this state any obscene or indecent material by means of cable television or enhanced cable television services any portion thereof below the top of the nipple or (3) An ultimate sexual act normal or perverted simulated or (C) It is unlawful for any person to knowingly distribute or broadcast within this state any obscene or indecent material by means of cable television or enhanced cable television (4) Masturbation actual or and (5) Flagellation torture or other violence indicating sadomasochistic sexual relationship services or any other broadcast or transmitting capacity which is not subject to regulation by the Federal Communications Commission insofar as the decency content of the broadcast material is concerned a which the average person applying contemporary community standards for the television medium would find is presented in a patently offensive way (D) It is the intent of this statute to regulate the decency content of material broadcast andor transmitted for reception in the state of Utah where there is no valid federal statute or regulation governing the decency content of such (K) “Community” shall mean the geographic area within the state of Utah which received the distribution and in the case of a cable or enhanced cable services television distribution the area served by the cable franchise material or where the Federal Communications Commission has specifically declined to exercise jurisdiction over the (L) “Enhanced cable television services” means television services which do not originate with broadcast sources which same 3L Miiii'” retransmit or she knows or is aware of the nature and character of the material whether or not such person has precise knowledge of the specific contents thereof Such knowledge may be therefore be it enacted by the legislature of the State of Utah at its general session for 1983 as follows: 1953 transmit (I) "Knowingly” means having general knowledge or reason to know or a belief or ground for belief which warrants further inspection or inquiry of the nature and character of the material involved A person has such knowledge when he exposure of our citizens and of our youth to indecent and morally destructive materials Utah Code Annotated means to send or cable cast by any means including by or to produce or provide material to send retransmit telecast broadcast or cable cast wire or satellite Whereas in the state of Utah cable franchisees have transmitted matter of an indecent obscene and highly offensive nature and which if allowed to continue would result in very harmful Section enacted to read: either valid federal laws or valid television system ation held that the transmission of indecent material must of necessity yield to a higher standard of accountability than is required of a publisher of matters which are printed and SECTION by (G) “Material" means any visual display shown on a cable or other television system whether or not accompanied by sound or any sound recording played on a cable or other and Whereas the Supreme Court of the United States in the case of Federal Communications Commission versus Pacifica Found- Now with (F) Nothing in this section shall apply to the distribution of material as defined in subsection (A) (B) or (C) if regulation of such material insofar as decency content is enacted by the Legislature of the State of Utah upon Initiative Petition Filed with the Lieutenant Governor it obscene material A |