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SB 1438 — Protection of Children
by Senators Yarborough and Perry
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Judiciary Committee (JU)
The bill prohibits a person from knowingly admitting a child to an adult live performance. In broad, general terms, an adult live performance is a presentation that depicts or simulates nudity, sexual conduct, or specific sexual activities. A person who violates this prohibition commits a first degree misdemeanor, which is punishable by imprisonment that does not exceed 1 year and a fine that does not exceed $1,000.
If a licensed public lodging or public food service establishment or any premises that has a beverage license knowingly admits a child to an adult live performance, the establishment or premises is subject to having that license suspended or revoked and being fined. The fine for a first violation is $5,000, and the fine for a second or subsequent violation is $10,000.
A governmental entity, as defined in the bill, may not issue a permit or authorize a person to conduct an adult live performance who will knowingly admit a child. If a child is admitted, the individual who was issued the permit or other authorization commits a first degree misdemeanor, which is punishable by imprisonment that does not exceed 1 year and a fine that does not exceed $1,000.
If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect upon becoming law.
Vote: Senate 28-12; House 82-32