Los Angeles County Municipal Code Ch. 13.21 Violent Sex Acts and Sex Abuse

The board of supervisors finds, based upon the evidence, testimony and recommendations it has received from the commission for women, that graphic depictions of sexual violence and sexual abuse are socially valueless images and not a part of any contribution to the exposition of ideas and that such depictions portray human behavior which, taken as a whole, lacks serious artistic, political or scientific value, and that such depictions discriminate against all persons so depicted in that they promote bigotry and contempt; foster acts of aggression; diminish opportunities for equality of rights in employment, education, property, public accommodations and public services; create public and private harassment, persecution and denigration; promote injury and degradation such as rape, battery, child sexual abuse, and prostitution; inhibit just enforcement of laws against these acts; contribute significantly to restricting such persons from full exercise of citizenship and participation in public life; damage relations between the sexes; and differentially affect and undermine such persons' equal exercise of rights to speech and action guaranteed to all citizens under the Constitutions and laws of the United States, the state of California and the county of Los Angeles.

(Ord. 85-0122 § 1 (part), 1985.)

A.

Coercion in Making Actionable Depictions. It is a violation of this chapter to coerce, intimidate or fraudulently induce (hereafter, "coerce") any person into performing an actionable depiction. The maker, seller, exhibitor or distributor of such actionable depiction may be sued for damages by any person so coerced.

B.

Coerced Viewing of Actionable Depictions. It is a violation of this chapter to coerce any person to view any actionable depiction. The person so coerced may sue the perpetrator for damages.

C.

Assault or Physical Attack Due to Actionable Depictions. An assault, physical attack or injury to any person, caused by a specific actionable depiction, shall give rise to a civil cause of action against the maker, distributor, seller or exhibitor of the

actionable depiction.

(Ord. 85-0122 § 1 (part), 1985.)

"Actionable depiction," as that term is used in this chapter, means graphic pictorial representations of sexual violence or sexual abuse of human beings which include one or more of the following:

A.

Human beings presented as objects who enjoy or desire sexual violence, sexual injury or torture;

B.

Human beings presented as objects who deserve or experience sexual pleasure in rape;

C.

Human beings presented as sexual objects who deserve or experience sexual pleasure in mutilation or physical injury;

D.

Human beings presented being sexually penetrated by dangerous objects or by animals.

(Ord. 85-0122 § 1 (part), 1985.)

No criminal penalties shall attach for any violation of the provisions of this chapter. The measure of damages for a violation of this chapter is the amount which will compensate for all the detriment proximately caused thereby, and in addition may include punitive damages and attorney's fees.

(Ord. 85-0122 § 1 (part), 1985.)

A.

No damages shall be recoverable against any person for an actionable depiction, unless it is proven by a preponderance of the evidence that the person knew, or in the exercise of reasonable care should have known, that the depiction was a violation of this chapter.

B.

In actions under this chapter, no damages shall be recoverable against any person for any act prohibited by Section 13.21.020 of this chapter which occurred prior to the effective date of the ordinance codified in this chapter.

C.

The provisions of this chapter shall not apply to legitimate medical, scientific, artistic or educational activities, or to the activities of law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses.

(Ord. 85-0122 § 1 (part), 1985.)

Should any part of the ordinance codified in this chapter be found legally invalid, the remaining part or parts shall remain valid. A judicial declaration that any part of said ordinance cannot be applied validly in a particular manner or to a particular

case or category of cases shall not affect the validity of the part as otherwise applied, unless such other application would clearly frustrate the board's intent in adopting the ordinance.

(Ord. 85-0122 § 1 (part), 1985.)

Actions under this chapter must be filed within one year of the accrual of the cause of action.

(Ord. 85-0122 § 1 (part), 1985.)

The ordinance codified in this chapter shall become operative upon the enactment of legislation authorizing such an ordinance.

(Ord. 85-0122 § 1 (part), 1985.)