I 
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 Representa-
tives 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’’. 
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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 fol-
lowing new subsection: 
‘‘(c) ANNUAL REVIEW OF MATERIALS.—At least an-
nually, 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 pro-
hibited 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 de-
pictions, produced in any medium, the principal 
theme of which depicts or describes nudity or 
sexual or excretory activities in a lascivious 
way; or 
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‘‘(B) if the print publication is a periodical, 
it regularly features or gives prominence to nu-
dity 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 inde-
cent and intended, designed, or given to elicit a sex-
ual response. 
‘‘(5) The term ‘nudity’ means human genitals, 
pubic area, anus, anal cleft, or any part of the fe-
male 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.’’. 
Æ 
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