Existing law authorizes a district attorney or city attorney to file a complaint in the district court to have an item or material declared obscene and to enjoin owner and possessor of the item or material from selling, renting, exhibiting, reproducing, manufacturing or distributing it. (NRS 201.241) For these purposes, “obscenity” is defined in existing law as any item, material or performance which: (1) an average person applying contemporary community standards would find, taken as a whole, appeals to prurient interest; (2) taken as a whole, lacks serious literary artistic, political or scientific value; and (3) depicts or describes in a patently offensive way certain sexual acts, excretory functions, sadism or masochism or lewdly exhibits the genitals. (NRS 201.235) Section 2 of this bill: (1) prohibits the board of trustees of a school district, the governing body of a charter school or a school employee from taking certain actions which limit the access of pupils to library materials of a school library; and (2) sets forth certain circumstances in which access to library materials may be restricted for reasons unrelated to the content of such materials. Section 2 additionally authorizes a person who objects to the inclusion of any library material in the collection of a school library to petition a court for the removal of the material and authorizes a court to order the removal of such material if the court determines that the material is obscene, based on a definition of obscenity which is substantially similar to the definition of obscenity in existing law.
Section 3 of this bill makes it a crime, punishable as a category E felony, for any person to use or threaten or attempt to use any force, intimidation, coercion, violence, restraint or undue influence with the intent to: (1) prevent a pupil from using or accessing library materials; or (2) induce or compel the board of trustees of a school district, the governing body of a charter school or a school employee to violate the provisions of section 2. Section 3 further makes it a crime, punishable as a category E felony, for any person to disseminate any personal identifying information or sensitive information of a member of the board of trustees of a school district, a member of the governing body of a charter school, a school employee or a pupil without consent, knowing that the member, employee or pupil could be identified by such information, if: (1) the person disseminates such personal identifying information or sensitive information in retaliation for the victim accessing or allowing a pupil to access library materials from a school library with the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking or with the intent to cause harm to the member, school employee or pupil and with knowledge of or reckless disregard for the reasonable likelihood that the dissemination of the information may cause death, bodily injury or stalking; and (2) the dissemination of the personal identifying information or sensitive information would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation or causes the death, bodily injury or stalking of the victim whose information was disseminated or a close relation of the victim.