ATLANTA — Georgia state senators want to remove a statute that protects librarians at public libraries from being charged with misdemeanors for certain materials being seen or provided to minors. Now that bill is back before the Senate for a floor vote.
Current law has an exception that prevents library and staff at public libraries, as well as libraries at schools, colleges or universities, from being charged with crimes if a Georgian under 18 receives or is sold “harmful materials.”
Senate Bill 74 changes this, by removing the exception. However, it also amends the section on what constitutes a violation by setting it to say “knowingly,” meaning done on purpose.
Additionally, it creates a defense for those potentially charged with high and aggravated misdemeanors, giving them the ability to “demonstrate that he or she has made a good faith attempt to identify and remove from access to minors all physical or electronic material harmful to minors,” to prevent their own prosecution.
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The state defines materials harmful to minors as materials that depict or represent nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in any form, when it is:
- Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;
- Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
- Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
Should the bill be passed in the legislature and approved by the governor, librarians who provide these types of materials to those younger than 18 would face misdemeanor criminal charges, with the bill to take effect July 1.
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