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Bill Description
AN ACT relating to libraries and education; specifying requirements for county libraries and school libraries to govern access to sexually explicit materials by minors; providing definitions; providing a cause of action for violations; specifying penalties; making conforming amendments; and providing for an effective date.
Notes
HB010 requires that each public library and employee and contractor of a public library shall ensure that no sexually explicit materials are accessible in the children's section of the library at any time. All sexually explicit materials will be cataloged, located and stored in a section of the library devoted primarily to or that provides materials aimed toward persons age eighteen (18) and older.
It further requires each county library board of directors to establish a process by which any resident of the county in which the library is located may challenge the inclusion, placement or presence of any sexually explicit material in the children's section of the library, in accordance with all of the following:
· establish a form by which any resident of the county in which the library is located may challenge a sexually explicit material being located in the children's section of the library;
· The form shall be made available at each physical location of the county library and on the website of the county library;
· The library shall accept challenges to sexually explicit material under this subsection at any time
· A county library receiving a challenge under this subsection shall review the challenged material to determine whether it is sexually explicit material and whether the material is located in the children's section of the library and render a written decision on the challenge not later than sixty (60) days after written or electronic receipt of the challenge.
"Sexually explicit material" means any depiction or description, in any written, pictorial or electronic form, of sexual contact by any one (1) or more of the following:
· Penetration of the penis into the vagina or anus.
· Contact between the mouth and genitalia or mouth and anus or by contact between the genitalia of one (1) person and the genitalia or anus of another person.
· Contact between the finger, hand or other body part of one (1) person and the genitalia or anus of another person, except in the course of an examination or treatment by a person licensed to provide care or treatment under title 33 of the Wyoming statutes.
· Ejaculation onto the person of another.
· The use of artificial sexual organs or substitutes to contact with the genitalia or anus.
· The touching of a person's own genitals or anus with a finger, hand, artificial sexual organ or other similar device.