2023 - 2024 LEGISLATURE
LRB-3105/1
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2023 SENATE BILL 305
May 24, 2023 - Introduced by Senators JACQUE and NASS, cosponsored by
Representatives ALLEN, BODDEN, BRANDTJEN, MAXEY, WICHGERS and MURPHY.
Referred to Committee on Mental Health, Substance Abuse Prevention,
Children and Families.
1 AN ACT to repeal 944.21 (8) (b) 1. and 944.21 (8) (b) 2. of the statutes; relating
2 to: protection from prosecution for employees of libraries and educational
3 institutions possessing obscene materials.
Analysis by the Legislative Reference Bureau
Under current law, it is a crime to import, print, sell, possess for sale, publish,
exhibit, play, or distribute any obscene material; to produce or perform in any
obscene performance; to require, as a condition to the purchase of periodicals, that
a retailer accept obscene material; to distribute, exhibit, or play any obscene material
to a person under the age of 18 years; or to possess with intent to distribute, exhibit,
or play to a person under the age of 18 years any obscene material. Obscene material
means a writing, picture, film, or other recording that the average person, applying
contemporary community standards, would find appeals to the prurient interest if
taken as a whole; that under contemporary community standards describes or shows
sexual conduct in a patently offensive way; and that lacks serious literary, artistic,
political, educational, or scientific value, if taken as a whole.
Under current law, no person who is an employee, a member of the board of
directors, or a trustee of certain educational institutions and libraries is liable to
prosecution for an obscene materials violation for acts or omissions while in his or
her capacity as an employee, a member of the board of directors, or a trustee of such
an institution. This bill removes public elementary and secondary schools, private
 2023 - 2024 Legislature -2- LRB-3105/1
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SENATE BILL 305
schools, and tribal schools from the list of institutions for which an employee is
protected from prosecution for an obscene materials violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 944.21 (8) (b) 1. of the statutes is repealed.
2 SECTION 2. 944.21 (8) (b) 2. of the statutes is repealed.
3 SECTION 3.0Effective date.
4 (1) This act takes effect on August 20, 2024.
5 (END)


Statutes affected:
Bill Text: 944.21(8)(b)1, 944.21, 944.21(8)(b)2