[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5821 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5821

   To amend title 10, United States Code, to close loopholes in the 
  prohibition on the sale or rental of sexually explicit material on 
                        military installations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 2008

 Mr. Broun of Georgia (for himself, Mr. Akin, Mr. Chabot, Mr. Forbes, 
  Mr. Fortenberry, Mr. Goode, Mrs. Musgrave, Mr. Pitts, Mr. Sali, Mr. 
  Souder, Mr. Bartlett of Maryland, Mr. Roskam, Mr. King of Iowa, Mr. 
Bishop of Utah, Mr. Pence, and Mr. Smith of New Jersey) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to close loopholes in the 
  prohibition on the sale or rental of sexually explicit material on 
                        military installations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Honor and Decency Act''.

SEC. 2. CLARIFICATION OF PROHIBITION ON SALE OR RENTAL OF SEXUALLY 
              EXPLICIT MATERIAL ON MILITARY INSTALLATIONS.

    Section 2495b of title 10, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as (d) and 
        (e), respectively;
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Annual Review of Materials.--At least annually, the Secretary 
of Defense shall review material that is not deemed to be sexually 
explicit to determine if such material should be deemed sexually 
explicit and thus prohibited by this section.'';
            (3) in subsection (e) (as redesignated)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) The term `sexually explicit material' means--
                    ``(A) an audio recording, a film or video 
                recording, or a print publication with visual 
                depictions, produced in any medium, the principal theme 
                of which depicts or describes nudity or sexual or 
                excretory activities in a lascivious way; or
                    ``(B) if the print publication is a periodical, it 
                regularly features or gives prominence to nudity or 
                sexual or excretory activities.''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(3) The term `principal theme' means a theme that is 
        primary in importance, influence, attraction, or degree but not 
        necessarily dominant relative to other themes in the material.
            ``(4) The term `lascivious' means lewd or indecent and 
        intended, designed, or given to elicit a sexual response.
            ``(5) The term `nudity' means human genitals, pubic area, 
        anus, anal cleft, or any part of the female breast below a 
        horizontal line across the top of the areola with less than an 
        opaque covering but does not include the exposure of the 
        cleavage of the female breast exhibited by a dress, blouse, 
        bathing suit, or other apparel.''.
                                 <all>