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Show COMPLETE TEXT OF INITIATIVE A CABLE T V. DECENCY ACT AX ACT RELATING TO THE CRIMINAL CODE; PROHIBITING DISTRIBUTION OF OBSCENE AND INDECENT (E) The provisions of subsection (A), (B),-an(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 or indecency in a manner which is not inconsistent with subsections (A), (B), and (C). THE MATERIAL OVER CABLE TELEVISION; DEFINING INDECENT MATERIAL AND OTHER TERMS; AND PROVIDING THIS ACT ENACTS SECTION 7(i 1 10-- 23(1, PENALTIES. ITAH (ODE ANNOTATED 953. (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 concerned, is preempted by either valid federal laws or valid federal regulations. enacted hi the Legislature of the State of Utah upon Initiative Petition Filed with the Lieutenant Governor: Be it Whereas it is the right and duty of the citizens of the state of Utah to protect the moral standards of their communities, to enable the citizens of this state to be free from indecent and obscene material; and, Material means any visual display shown on a cable (G) or other television system, whether or not accompanied by sound, or any sound recording played on a cable or other television system. Whereas the Supreme Court of the United States in the case ol Federal Comm unicat ions Commission versus Pacifica Foundation held that the transmission of indecent material must of to a higher standard of accountability than is necessity required ol a publisher of matters which are printed; and, Distribute means to send, transmit, retransmit, (H) telecast, broadcast, or cable cast by any means, including by wire or satellite, or to produce or provide material to send, transmit, retransmit, telecast, broadcast, or cable cast. vi-- V. oereas in lhe state of Utah cable franchisees have transmitted mattei oj an indecent, obscene, and highly offensive nature, and which if allowed to continue would result in very harmful exposure of our citizens and of oui youth to indecent and (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 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 proven by direct or circumstantial evidence, or both. morally destructive materials; be it enacted by the legislature of the State of Utah, at its general session for 1983, as follows: Now, therefore, SECTION I. Section Tti Utah Code Annotated 1953, is enacted to read: 76-1- (J) As used in this section indecent material means a depiction, representation, or verbal description of: 1230 (1 ) (A) It is unlawful lor any person to knowingly distribute within this state any obscene or indecent material by means of cable eevision. (3) An ultimate sexual act, normal or perverted, actual or simulated; or unlawful for any person to knowingly distribute or broad' ast within fits state any obscene or indecent material hv means of cable television or enhanced cabie television t anv service-- . other broadcast or transmitting capacity which m not subject to regulation by the Federal Communica toms i i.mm'ssmn insofar as the decency content ol the bt'uHdctO': material is concerned. It is (4) I: Masturbation; and (5) Flagellation, torture, or other violence indicating a sadomasochistic sexual relationship; which the average person applying contemporary community standards for the television medium would find is presented in a patently offensive way. i' the hi tent of this statute to regulate the decency material broadcast andor transmitted for reception in the state ol Utah where there is no valid federal statute oi regulation governing the decency onteni ol such material or wmem the federal ( ommunications Commission has spei.ticaltv der lined to exert ise jurisdiction over the (Dj coiUtnt 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 any portion thereof below the top of the nipple; or (B) It is unlawful for any person to knowingly distribute within this state arty obscene or indecent material by means of cable television or enhanced cable television services. (C A (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. (.1 Enhanced cable television services means television (L) services which do not originate with broadcast sources which .di.' 36- |