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Washington’s ‘Explicit Lyrics’ Bill Signed

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From Associated Press

Gov. Booth Gardner signed a bill Friday that will make record store owners subject to criminal charges if they sell recordings with sexually explicit lyrics to minors.

Gardner said he signed the bill despite an estimated 3,900 faxed protests that swamped his office after MTV, which shows pop music videos, publicized the phone number on its broadcasts.

“Frankly, it gives parents some needed assistance” in limiting access to certain types of music, Gardner said.

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Gardner called the bill a “subtle warning shot” to the music industry, which he said has promised to impose self-censorship.

The measure takes effect June 13.

The bill was backed by the Washington Assn. of Prosecuting Attorneys but opposed by the American Civil Liberties Union and leaders of the Seattle arts community. Opponents argued the proposed ban would violate the First Amendment and only heighten the youthful appetite for such music.

The bill includes sound recordings under a state law that bans the sale, distribution or exhibition of “erotic material” to minors.

A county prosecuting attorney, following notice to a dealer, distributor or exhibitor, may go to court to argue that certain material is erotic. If the judge finds it so, it must be labeled “adults only” and may not be displayed or sold in a manner that would make it readily accessible to anyone younger than 18.

Failure to comply with labeling and display rules will subject the dealer to contempt of court charges. Selling, distributing or exhibiting material to a minor is a crime carrying fines and jail time ranging from $500 and up to six months in jail for a first offense, to $5,000 and at least a year in jail for a third offense.

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