Monitoring State Legislation That Criminalizes Libraries, Schools, and Museums 2023

EveryLibrary is monitoring legislation during the 2023-2024 session that aims to change state obscenity and harmful to minors laws to allow for the prosecution of librarians, educators, college and university faculty, and museum professionals. 

EveryLibrary provides state library associations with free digital organizing resources and targeted online campaign tools via action.everylibrary.org, Save School Librarians, or the new Fight for the First platform. State partners can immediately access their state file of voters and library activists. EveryLibrary is proud to provide financial support for outreach as well as hosting its own independent expenditures to help amplify messaging. 

The EveryLibrary Institute has released a Policy Brief "Opposing Attempts to Criminalize Libraries and Education Through State Obscenity Laws" (January 2023) to help state library associations anticipate this legislation and properly prepare to oppose unnecessary politicized changes to settled state law. If your state is facing legislation that looks to amend or repeal the types of bona fide institutions or professions that have a defense from prosecution exemption under current obscenity law, this Policy Brief is intended to provide you with actionable insights into ways to build a broad-based common cause coalition to oppose bad policies.

2023 Legislation Changing State Obscenity and Harmful to Minors Legislation

Updated as of March 23, 2023. For up-to-the-minute updates on other legislation and links to take action, see 2023 Legislation of Concern

Arkansas - SB81 (2023)
(Passed Senate 2/22/23)
https://www.arkleg.state.ar.us/Bills/Detail?id=sb81&ddBienniumSession=2023%2F2023R
To Amend The Law Concerning Obscene Materials; To Create The Offense Of Furnishing A Harmful Item To A Minor; And To Amend The Law Concerning Obscene Materials Loaned By A Library.

Take action campaign opposing SB81: https://action.everylibrary.org/sb81

Georgia - SB154 (2023) - Sale or Distribution of Harmful Materials to Minors; provisions of Code Section 16-12-103 shall be applicable to libraries operated by schools.
(In Committee 2/14/23)
https://www.legis.ga.gov/legislation/64318 
Removes schools from defense from prosecution, among other provisions.

Idaho - H0314 (2023) 
(Passed House 3/20/23, in Senate)
Creates civil and criminal penalties for education and public libraries concerning obscene materials.
https://legislature.idaho.gov/sessioninfo/2023/legislation/H0314/

Coalition campaign site opposing H314: https://action.everylibrary.org/idhb314

Idaho - S1187 (2023)
(Introduced 3/20/23)
Creates new conditions under which an affirmative defense under obscenity laws can be claimed by bonafide institutions, including schools, colleges, universities, museums, and public libraries.
https://legislature.idaho.gov/sessioninfo/2023/legislation/S1187/

Idaho - S1188 (2023)
(Introduced 3/20/23)
Modifies the commercial obscenity code to include "school, college, university, museum, public library, public health district, taxing district, political subdivision of this state, or any entity that within the last five (5) years received public funds or a tax rebate, incentive, or exemption made available by the state" as specifically eligible for prosecution alongside adult bookstores and movie houses. 
https://legislature.idaho.gov/sessioninfo/2023/legislation/S1188/

Indiana - SB12 and H1130 (2023) - Material harmful to minors
(SB12 Passed Senate, in House Committee 3/1/23; H1130 in House Committee 1/10/23)
https://iga.in.gov/legislative/2023/bills/senate/12/ and
https://iga.in.gov/legislative/2023/bills/house/1130/ 
SB12 and H1130 are both described as "Removes schools and certain public libraries from the list of entities eligible for a specified defense to criminal prosecutions alleging: (1) the dissemination of material harmful to minors; or (2) a performance harmful to minors. Adds colleges and universities to the list of entities eligible for a specified defense to criminal prosecutions alleging: (1) the dissemination of material harmful to minors; or (2) a performance harmful to minors."

Indiana - HB1522 (2023)
(In House Ed Committee 1/19/2023)
https://iga.in.gov/legislative/2023/bills/house/1522/ 
Removes defense from prosecution for schools, museums, and public libraries for materials or performance.

Iowa - SF305 (2023) / HF361 (2023) - A bill for an act relating to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and civil actions to determine obscenity, modifying the responsibilities of the department of education, and providing civil penalties.
(Education Committee 2/15/23)
https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=SF305
Redefines Hard Core Pornography and obscenity; provides for civil prosecution; changes exemptions from criminal prosecution for public libraries and schools; prohibits the use of American Library Association (ALA) standards in materials selection. 

Kansas - SB188 (2023) - Removing an affirmative defense for public, private and parochial schools from the crime of promotion to minors of material harmful to minors.
(In Senate Judiciary 2/8/23)
http://kslegislature.org/li/b2023_24/measures/sb188/
Removes public, private, and parochial schools from exemptions. 

Maine - LD123 (2023) - An Act to Eliminate the Educational Purposes Exception to the Prohibition on the Dissemination of Obscene Matter to Minors
(1/10/2023 In Committee)
https://legislature.maine.gov/legis/bills/display_ps.asp?LD=123&snum=131
This bill eliminates an exception to the prohibition on the dissemination of obscene materials to minors for educational purposes in public schools.

Coalition "take action" campaign site opposing LD123: https://action.everylibrary.org/ld123

Minnesota - HF2683 / SF2435 (2023) - School liability provisions modified, and civil cause of action created.
(Introduced 3/8/23)
Removes schools and governmental agencies (e.g. libraries) from defense from prosecution in the obscenity code; adds a right of private action for parents and guardians if institutions disseminate or display obscene materials.
https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF2683&ssn=0&y=2023

Minnesota - SF2434 (2023) - Removing exemptions from obscenity laws for public schools and postsecondary institutions
(Introduced 3/2/23)
Removes schools and higher education from defense from prosecution under obscenity laws
https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF2434&ssn=0&y=2023

Mississippi - SB2141 (2023) - DEAD - An Act To Amend Section 97-29-107, Mississippi Code Of 1972, To Delete The Exemption For Any Public School Library In This State From The Crime Of Distributing Obscene Materials.
(Died in Judiciary Committee 2/1/23; Introduced 1/9/2023)
http://billstatus.ls.state.ms.us/2023/pdf/history/SB/SB2141.xml
Would remove public school libraries from defense from prosecution, among other provisions.

Montana - HB234 (2023) - Revise dissemination of obscene material to minors laws
(Passed House 2/10/23)
https://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=234&P_BLTP_BILL_TYP_CD=HB&Z_ACTION=Find&P_SESS=20231
As introduced, would repeal the defense from prosecution exemption for schools, public libraries and museums.

Coalition "take action" campaign to oppose HB234 in Montana: https://action.everylibrary.org/mthb234

Nebraska - LB441 (2023) - Change provisions relating to obscenity
(Introduced 01/13/2023)
https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=50448
As introduced, would remove public libraries from defense from prosecution exemption.

New Hampshire - HB514 (2023) - Relative to the dissemination of obscene material by schools and institutions of higher learning.
(Passed House Education Committee. "Laid on Table" in House 3/16/23)
This bill requires local school boards to develop a policy for responding to parental complaints of obscene material in schools.
https://gencourt.state.nh.us/bill_status/legacy/bs2016/bill_status.aspx?lsr=0720&sy=2023&sortoption=&txtsessionyear=2023&txtbillnumber=HB514

North Dakota - HB1205 (2023) - Objectionable materials or performances
(Passed House 2/17/23 to Senate Committee 3/13/23)
https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo1205.html
Removes public libraries from defense from prosecution; removes "bona fide" from other defined institutions; changes overall defense from "shall" to "may"; prohibits public libraries from maintaining sexually explicit books.

North Dakota - SB2123 (2023) - Failed in Committee 
(Failed in Committee and merged into SB2360 - 2/16/23)
https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo2123.html
Removes bona fide school, college, university, museum, public library, or art gallery from defense from prosecution.

North Dakota - SB2360 (2023) - Obscenity control; to provide a penalty; and to provide an effective date.
(Passed Senate with SB2123 included - to House 2/17/23)
https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo2360.html
Removes schools and public libraries from defense from prosecution; amends the Miller Test in novel ways; provides for new safety policies. 

Coalition campaign in North Dakota to oppose all three bills: https://action.everylibrary.org/nd2023

Pennsylvania - HB 2815 (2022) - DEAD - Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in public indecency, further providing for the offense of obscene and other sexual materials and performances.
(Listed as 'Dead' 11/30/22)
https://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2021&sInd=0&body=H&type=B&bn=2815
Removes school libraries from exemption from prosecution under state obscenity laws while letting current exemptions for public libraries, college and university libraries, and other bona fide professions stand. 

Pennsylvania - HB209 (2023) - In public indecency, further providing for the offense of obscene and other sexual materials and performances.
(Introduced 3/8/23)
https://www.legis.state.pa.us/cfdocs/billinfo/bill_history.cfm?syear=2023&sind=0&body=H&type=B&bn=209
Removes schools and "political subdivisions" (by amending to "municipalities") from defense from prosecution statutes

South Carolina - HB3826 (2023) - Protection of Minors from Pornography and Obscenities Act
(In Committee 1/26/23)
https://www.scstatehouse.gov/billsearch.php?billnumbers=3826&session=125&summary=B
Removes museum, public, school, college, or university libraries from exemptions.

South Carolina - S506 (2023) - Protection of Minors from Pornography and Obscenities Act
(In Judiciary 2/8/23)
https://www.scstatehouse.gov/billsearch.php?billnumbers=0506&session=125&summary=B
Substantially changes state version of Miller Test to replace "taken as a whole" with "any part"; Removes "serious literary, artistic, political" from Test;  Removes museum, public, school, college, or university libraries from exemptions.

South Dakota - HB1163 (2023) -An Act to prohibit the dissemination of obscene material to minors in a public school or public library.
(Passed House Education Committee 2/8/23)
https://sdlegislature.gov/Session/Bill/24265/246679 
Mandates that public libraries and public schools have policies that restrict minors from viewing, accessing, or obtaining obscene material.

Tennessee - HB0841 / SB1059 (2023) - Obscenity and Pornography
(On House Criminal Justice Committee calendar for 3/28/23)
https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0841&ga=113
As introduced, removes the educational justification of a person possessing obscene material if the person is at a school building, bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by a local education agency.

Tennessee -SB1061 / HB1090 (2023) - Obscenity and Pornography
(On Senate Judiciary calendar 3/22/23)
https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB1090&ga=113
As introduced, removes the educational justification of a person possessing obscene material if the person is at a school building, bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by a local education agency.

Texas - HB111 (2023), HB 976 (2023), SB395 (2023), SB437 (2023) - Each removes education from the definition of bona fide settings which have defense from prosecution and reworks other provisions.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB111
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB976
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB395 
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB437

Texas - HB571 (2023), HB858 (2023), HB869 (2023) - Each repeal Section 43.24(c), Penal Code, which is the "scientific, educational, governmental, or other similar justifications" defense from prosecution under obscenity laws. 
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB571 
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB858
https://capitol.texas.gov/BillLookup/Text.aspx?LegSess=88R&Bill=HB869

West Virginia - HB2923 (2023) - DIED - To modify exemptions from criminal liability to include a distinction for biological lessons regarding reproduction.
(Died in Committee at end of Session)
http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2923&year=2023&sessiontype=RS&btype=bill
Eliminates "Public Libraries" from defense from prosecution; adds limits to schools as only "in science or health curriculum related to biological lessons regarding reproduction".

West Virginia - HB2980 (2023) - DIED - Removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minors of obscene matter
(Died in Committee at end of Session)
http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2980&year=2023&sessiontype=RS&btype=bill
Removes schools, museums, and public libraries from the exemption.

Wyoming - HB0087 (2023) - FAILED - Crimes of obscenity-revisions.
(Voted NO in House Judiciary 2/1/23; Introduced 01/06/23)
https://www.wyoleg.gov/Legislation/2023/HB0087
Would amend the definition of child pornography to include cartoons and other depictions; would repeal the exemption for school, college, university, museum or public library.

Wyoming - HB0283 (2023) - DIED -Promoting obscenity-educational exception amendment.
(Introduced 1/27/23; died in committee for lack of a 'second' 2/3/23)
https://www.wyoleg.gov/Legislation/2023/HB0283 
Adds a new caveat to the exemption clause which clarifies that activities that could be considered exempt are conducted according to policy.

Wyoming - SF0177 (2023) - Sent to Interim Study - Promoting obscenity-educational exception repeal 
(Introduced 1/24/23; Not advancing this session 2/5/23)
https://www.wyoleg.gov/Legislation/2023/SF0177
Repeals the exemption at 6-4-302(c)(ii) for "bona fide school, college, university, museum or public library activities or in the course of employment of such an organization."

This page will be updated as new information becomes available. 

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