The bill would amend the Penal Code by making punishable as a state jail felony, the intentional display or distribution of obscene materials when knowing that a child younger than 18 years of age is present during the display or distribution of the obscene materials.  The offense of obscene display or distribution is currently punishable as a Class C misdemeanor.  Defenses to the prosecution of this provision are also provided in the bill.  The bill would also amend the Penal Code by including the conduct added by the bill which is punishable as a state jail felony to the conditions which may be used in the penalties for repeat and habitual felony offenders provision of the Penal Code.  

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State.  However, in the case of this bill, it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies.