110 HR 5821 IH: To amend title 10, United States Code, to close loopholes U.S. House of Representatives 2008-04-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5821 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.

1.

Short title

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

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. .