(1) No person may knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material.

Attorney's Note

Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
gross misdemeanorup to 364 daysup to $5,000
For details, see Wash. Rev. Code § 9A.20.021

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Terms Used In Washington Code 9.68A.150

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) Any person who is convicted of violating this section is guilty of a gross misdemeanor.
(3) For the purposes of this section:
(a) “Minor” means any person under the age of eighteen years.
(b) “Erotic materials” means live performance:
(i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and
(ii) Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and
(iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(c) “Live performance” means any play, show, skit, dance, or other exhibition performed or presented to, or before an audience of one or more, with or without consideration.
(d) “Person” means any individual, partnership, firm, association, corporation, or other legal entity.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Severability1987 c 396: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [ 1987 c 396 § 4.]