I 

108TH CONGRESS 

2D SESSION H. R. 4239

To provide a civil action for a minor injured by exposure to an entertainment 

product containing material that is harmful to minors, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2004

Mr. HUNTER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To provide a civil action for a minor injured by exposure 

to an entertainment product containing material that 

is harmful to minors, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Parents’ Empower5 ment Act’’. 
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1 SEC. 2. CIVIL ACTION FOR A MINOR INJURED BY EXPO2 SURE TO AN ENTERTAINMENT PRODUCT 

3 CONTAINING MATERIAL THAT IS HARMFUL 

4 TO MINORS. 

5 (a) CIVIL ACTION.—A minor, through a person act6 ing on behalf of the minor in accordance with Rule 17(c) 

7 of the Federal Rules of Civil Procedure to the extent appli8 cable, may, in a civil action in an appropriate district court 

9 of the United States, obtain relief under subsection (b) 

10 against any person who knowingly sells or distributes in 

11 interstate or foreign commerce an entertainment product 

12 containing material that is harmful to minors, if—

13 (1) a reasonable person would expect a substan14 tial number of minors to be exposed to the material; 

15 and 

16 (2) the minor as a result of exposure to that 

17 material is likely to suffer personal or emotional in18 jury or injury to mental or moral welfare. 

19 (b) RELIEF.—In an action under subsection (a), if 

20 the minor is the prevailing party—

21 (1) the minor shall recover compensatory dam22 ages of not less than $10,000 for each instance of 

23 any such material in any such product to which such 

24 minor was so exposed; 

25 (2) the minor may recover punitive damages; 
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1 (3) the court, in its discretion, may allow the 

2 minor a reasonable attorney’s fee (including expert 

3 fees) as part of the costs; and 

4 (4) the court may order any other appropriate 

5 relief. 

6 (c) AFFIRMATIVE DEFENSE.—It is an affirmative de7 fense to an action under this section that a parent or 

8 guardian of the minor owned or possessed the entertain9 ment product containing the material to which the minor 

10 was exposed, and an act of that parent or guardian was 

11 the proximate cause of the minor’s exposure to that mate12 rial. 

13 (d) DEFINITIONS.—For purposes of this section: 

14 (1) The term ‘‘entertainment product’’ means a 

15 picture, photograph, image, graphic image file, 

16 drawing, video game, motion picture film, or similar 

17 visual representation or image, book, pamphlet, 

18 magazine, printed matter, or sound recording. 

19 (2) The term ‘‘material that is harmful to mi20 nors’’ means any pornographic communication, pic21 ture, image, graphic image file, article, recording, 

22 writing, or other pornographic matter of any kind 

23 that is obscene or that—

24 (A) the average person, applying the con25 temporary standards of the adult community in 
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1 which the minor resides with respect to what is 

2 suitable for minors, would find, taking the ma3 terial as a whole and with respect to minors of 

4 the ages that the person reasonably would ex5 pect to be exposed to the material—

6 (i) is designed to appeal to, or is de7 signed to pander to, the prurient interest 

8 in nudity, sex, or excretion, with respect to 

9 minors; and 

10 (ii) depicts, describes, or represents, 

11 in a manner patently offensive with respect 

12 to minors, an actual or simulated sexual 

13 act or sexual contact, an actual or simu14 lated normal or perverted sexual act, or a 

15 lewd exhibition of the genitals or post-pu16 bescent female breast; and 

17 (B) a reasonable person would find, taken 

18 as a whole, lacks serious literary, artistic, polit19 ical, and scientific value for minors sufficient to 

20 overcome the pernicious effect of that material. 

21 (3) The term ‘‘minor’’ means an individual 

22 under the age of 18. 

23 (e) SEVERABILITY.—If any provision of this section 

24 or any application of such provision to any person or cir25 cumstance is held to be unconstitutional, the remainder 
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1 of this section and the application of the provision to any 

2 other person or circumstance shall not be affected.

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