AB416

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, a school employee or a volunteer 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 meets certain requirements and 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 tha