South Dakota House lawmakers are removing defense protections for librarians and educational institutions if obscene material ends up in the hands of minors.
The House bill removes affirmative defense for school, college, university, museum or public library employees serving the educational purpose of that organization.
Representative Bethany Soye, R-Sioux Falls, is the prime sponsor of the bill. She said it will help keep obscene material out of the hands of kids.
“There is an exemption for public institutions. So, that means that they don’t’ have to follow the law that applies to everyone else," Soye said. "So, essentially, this bill is removing that exemption and that we want the same standard for everyone.”
The bill follows a law created last year requiring schools and libraries document steps they’ve taken to restrict access of obscene materials by minors.
Others see the bill as having a chilling effect.
It would expose librarians to a class one misdemeanor charge. That’s punishable by up to a year in jail and a $2,000 fine.
Representative Will Mortenson, R-Fort Pierre, said that’s wrong.
“We got to do better than this, folks,” Mortenson said. “There’s work that we can do in this policy area, but heading right to sending the librarians to jail is not cutting the mustard.”
The measure passed 38 to 32. It now heads to the state Senate.
