Sponsor:

Rep. Smith & Sen. Sokola

Reps. Brady, Gilligan, Keeley, Spence & Valihura; Sens. Bonini & Winslow

HOUSE OF REPRESENTATIVES

141st GENERAL ASSEMBLY

HOUSE BILL NO. 208

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO NC-17- AND R-RATED MOTION PICTURES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Title 11 of the Delaware Code by adding thereto a new section to read:

"§1367. Persons under 17 attending NC-17- and R-rated motion pictures.

(a) It is unlawful for a person to sell or provide an admittance ticket to or admit a person under 17 years old into a motion picture theater that is exhibiting a motion picture:

(1) rated NC-17 by the film rating board of the Classification and Rating Administration sponsored by the Motion Picture Association of America and the National Association of Theatre Owners; or

(2) rated R by the film rating board, unless the person under 17 years old is accompanied to the R-rated motion picture by his or her parent or guardian.

(b) A notice stating that

(1) no person under 17 may purchase a ticket to or attend an NC-17-rated motion picture, and

(2) no person under 17 may purchase a ticket to or attend an R-rated motion picture unless accompanied to the R-rated motion picture by his or her parent or guardian

must be posted conspicuously at the ticket office and at each entrance of a motion picture theater. The notice must also include a toll-free telephone number for use in reporting a violation of this section.

(c) A person who sells admittance tickets to or who admits persons into a motion picture theater that is exhibiting an NC-17- or R-rated motion picture has the authority to demand proof of age from a prospective motion picture ticket purchaser or theater attendee.

(d) A person who is the owner, proprietor, franchisee, manager, or other person in charge of a motion picture theater where a violation of this section occurs may be found guilty of the violation, even if he or she was not the person who sold or provided a ticket to or who admitted a person under 17 into the theater, if he or she received from the Department of Public Safety written notice of the provisions of this section.

(e) The Department of Public Safety shall provide written notice of the provisions of this section to the owner, proprietor, franchisee, manager, or other person in charge of each motion picture theater in the State.

(f) The penalty for a person who violates a provision of this section is a fine of $250 for the first offense, $500 for the second offense, and $1,000 for the third offense and each subsequent offense. For a second, third, or subsequent offense, the court may order the Department of Finance to suspend a violator’s business license for up to 6 months. Upon suspension of the license, the violator must surrender his or her license, without refund, to the Department of Finance.

For purposes of this subsection, a second, third, or subsequent offense is one that occurs within 12 months of a prior like offense.

(g) (1) In a prosecution for an alleged violation of this section, it is an affirmative defense that the person under 17 years old presented photo identification as proof of age that would lead a reasonable person to believe that the person under 17 was 17 years old or older.

(2) In a prosecution for an alleged violation of this section, the owner, proprietor, franchisee, manager, or other person in charge of a motion picture theater may present an affirmative defense that, prior to the date of the alleged violation, he or she:

(i) adopted and enforced a written policy that reflects the applicable provisions of this section;

(ii) informed employees of the written policy that reflects the applicable provisions of this section;

(iii) required employees to sign a form indicating that they had been informed of and understood the written policy;

(iv) required employees to verify the age of ticket buyers and holders in accord with the written policy; and

(v) established and enforced disciplinary sanctions for noncompliance with the written policy.

However, an owner, proprietor, franchisee, manager, or other person in charge of a motion picture theater may present the affirmative defense of this paragraph no more than twice within any 12-month period.".

Section 2. This Act takes effect 90 days following its enactment into law.

SYNOPSIS

At present, motion picture theaters are not required to comply with the ratings recommendations given to motion pictures by the Classification and Rating Administration of the Motion Picture Association of America. This bill requires motion picture theaters to prohibit children under 17 from attending NC-17-rated movies, and to prohibit them from attending R-rated movies unless accompanied by a parent or guardian.

The United States Supreme Court has held that governments have a compelling interest in protecting minors from patently offensive and indecent matter as well as from obscene matter. This bill protects children under 17 from exposure to objectionable motion pictures that might be harmful to their well-being.

The defined standards for R and NC ratings are set by a national board to reflect prevailing standards of what is suitable material for minors. However, the bill does not totally prohibit a child from viewing an R-rated movie, nor does it prohibit a parent who so desires from exposing his or her child to an NC-17-rated movie somewhere other than in a motion picture theater.

The Supreme Court has not required legislatures to find to a scientific certainty that exposure to harmful matter will impair the ethical and moral development of children. The court requires only that there is a rational relation to the objective of the legislation. In this bill, safeguarding minors from the potentially harmful effects of exposure to sexual acts, excessive horror or violence, drug use, or vile language provides a rational and narrowly drawn way to achieve the legislative objective.