§ 12.1-27.1-03.5 — Public libraries prohibited from maintaining explicit sexual material - Report

North Dakota § 12.1-27.1-03.5

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-27.1: Obscenity Control

Text

Report.
1. As used in this section:
a. "Explicit sexual material" means any material which:
(1) Taken as a whole, appeals to the prurient interest of minors;
(2) Is patently offensive to prevailing standards in the adult community in North
Dakota as a whole with respect to what is suitable material for minors; and
(3) Taken as a whole, lacks serious literary, artistic, political, or scientific value
for minors.

b. "Public library" means a library established under chapter 40-38.
2. A public library may not maintain in its children's collection inventory books that contain
explicit sexual material.
3. By January 1, 2024, each public library shall develop a policy and process for
reviewing library collections to ensure conformance with the requirements of this
section. The policy must include a procedure:
a. For the removal or relocation of explicit sexual material in the public library;
b. For the development of a book collection that is appropriate for the age and
maturity levels of the individuals who may access the materials, and which is
suitable for, and consistent with, the purpose of the library;
c. For the public library to receive, evaluate, and respond to a request from an
individual regarding the removal or relocation of one or more of the books or
other materials in the library collection containing explicit sexual material; and
d. To periodically review the library collection to ensure the library collection does
not contain explicit sexual material in the children's collection.
4. Each public library shall provide a compliance report to the legislative management
before May 1, 2024, on the implementation of collection development and relocation of
materials policies as required by this section and to ensure sufficient compliance with
this section.