Text of MO SB 765 (2025)

FIRST REGULAR SESSION SENATE BILL NO. 765 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR NICOLA. 3084S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 182.827, RSMo, and to enact in lieu thereof two new sections relating to materials in public schools that are obscene or harmful to minors. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 182.827, RSMo, is repealed and two new 1 sections enacted in lieu thereof, to be known as sections 2 162.116 and 182.827, to read as follows: 3 162.116. 1. As used in this section, the following 1 terms mean: 2 (1) "Charter school", the same definition as in 3 section 160.400; 4 (2) "Department", the Missouri department of 5 elementary and secondary education; 6 (3) "Explicit material", obscene material or material 7 that is harmful to minors; 8 (4) "Governing board", the governing board of a 9 charter school established under sections 160.400 to 160.425; 10 (5) "Harmful to minors", the quality of a description 11 or representation, in whatever form, of nudity, sexual 12 excitement, sexual conduct, excessive violence, or 13 sadomasochistic abuse that: 14 (a) The average person applying contemporary community 15 standards would find to predominantly appeal to the 16 prurient, shameful, or morbid interests of minors; 17 SB 765 2 (b) Is patently offensive to prevailing standards in 18 the contemporary adult community as a whole with respect to 19 what is suitable for minors; and 20 (c) When taken as a whole, lacks serious literary, 21 artistic, political, or scientific value for minors; 22 (6) "Material", any of the following: 23 (a) A book, magazine, newspaper, or other printed or 24 written material; 25 (b) A picture, drawing, photograph, film, video, 26 computer-generated image, or other pictorial representation; 27 (c) A statue, figure, device, theatrical production, 28 or electrical reproduction; or 29 (d) Other similar articles, equipment, machines, or 30 materials; 31 (7) "Obscene", spoken or written matter that, when 32 taken as a whole: 33 (a) The average person would find to predominantly 34 appeal to prurient interest; 35 (b) The average person applying contemporary community 36 standards would find to depict or describe sexual conduct in 37 a patently offensive way; and 38 (c) Lacks serious literary, artistic, political, or 39 scientific value; 40 (8) "Parent", a parent, guardian, or other person 41 having control or custody of a child; 42 (9) "Patently offensive", going substantially beyond 43 customary limits of candor in describing or representing 44 such subject; 45 (10) "Public school", the same definition as in 46 section 160.011. The term shall be construed to include a 47 charter school; 48 SB 765 3 (11) "School board", the same definition as in section 49 160.011; 50 (12) "School district", the same definition as in 51 section 160.011. 52 2. No school district or public school shall allow 53 obscene material or material that is harmful to minors to be 54 available to a child: 55 (1) In a school library controlled by the school 56 district or public school; or 57 (2) From materials kept or used by a teacher in the 58 course of preparing for or providing instruction to children 59 enrolled in a public school. 60 3. (1) Each school board and governing board shall 61 adopt a policy that allows a parent of a child enrolled in a 62 public school to report to the public school administration 63 if the parent becomes aware that obscene material or 64 material that is harmful to minors is made available to 65 children as described in subsection 2 of this section. 66 (2) The policy required under subdivision (1) of this 67 subsection shall require the public school administration to 68 remove the material reported by a parent as obscene or 69 harmful to minors for at least thirty calendar days to allow 70 the school board or governing board, as applicable, to 71 review the material to determine whether the material is 72 obscene, harmful to minors, or appropriate for students. 73 (3) (a) The school board or governing board, as 74 applicable, shall determine if the material is obscene or 75 harmful to minors before the next regularly scheduled 76 meeting of the school board or governing board, as 77 applicable, after the thirty-day removal period of the 78 material as described in subdivision (2) of this subsection. 79 SB 765 4 (b) If the school board or governing board determines 80 that the material is obscene or harmful to minors, the board 81 shall permanently remove the material from the public school. 82 (c) If the school board or governing board determines 83 that the material is appropriate for students, the board 84 shall return the material to each school library or teacher 85 from which the material was removed upon the board's 86 determination that the material is appropriate for students 87 or at the end of the thirty-day removal period described in 88 subdivision (2) of this subsection, whichever is earlier. 89 (4) The policy adopted under this section shall not be 90 construed to: 91 (a) Be the exclusive means to remove material from a 92 school; or 93 (b) Preclude a school district or governing board from 94 developing or implementing additional policies, practices, 95 or procedures for the removal of materials from the school. 96 (5) If a public school fails to comply with a policy 97 adopted under this section, the department may withhold an 98 amount of state funds, as determined by the department, from 99 the public school until the public school is in compliance 100 with the policy. 101 (6) Each public school shall annually report to the 102 department the material that is permanently removed under 103 paragraph (b) of subdivision (3) of this subsection. 104 182.827. 1. A public school that provides a public 1 access computer shall apply the provisions of section 2 162.116 that are applicable to materials made available to a 3 child in a school library to materials accessed by minors on 4 such public access computer and do one or both of the 5 following: 6 SB 765 5 (1) Equip the computer with software that will limit 7 minors' ability to gain access to material that is 8 pornographic for minors or purchase internet connectivity 9 from an internet service provider that provides filter 10 services to limit access to material that is pornographic 11 for minors; 12 (2) Develop and implement by January 1, 2003, a policy 13 that is consistent with community standards and establishes 14 measures to restrict minors from gaining computer access to 15 material that is pornographic for minors. 16 2. The department of elementary and secondary 17 education shall establish rules and regulations for the 18 enforcement of subsection 1 of this section. Any rule or 19 portion of a rule, as that term is defined in section 20 536.010, that is created under the authority delegated in 21 this section shall become effective only if it complies with 22 and is subject to all of the provisions of chapter 536 and, 23 if applicable, section 536.028. This section and chapter 24 536 are nonseverable and if any of the powers vested with 25 the general assembly pursuant to chapter 536 to review, to 26 delay the effective date or to disapprove and annul a rule 27 are subsequently held unconstitutional, then the grant of 28 rulemaking authority and any rule proposed or adopted after 29 August 28, 2002, shall be invalid and void. 30 3. A public library that provides a public access 31 computer shall do one or both of the following: 32 (1) Equip the computer with software that will limit 33 minors' ability to gain access to material that is 34 pornographic for minors or purchase internet connectivity 35 from an internet service provider that provides filter 36 services to limit access to material that is pornographic 37 for minors; 38 SB 765 6 (2) Develop and implement by January 1, 2003, a policy 39 that is consistent with community standards and establishes 40 measures to restrict minors from gaining computer access to 41 material that is pornographic for minors. 42 4. The secretary of state shall establish rules and 43 regulations for the enforcement of subsection 3 of this 44 section. Any rule or portion of a rule, as that term is 45 defined in section 536.010, that is created under the 46 authority delegated in this section shall become effective 47 only if it complies with and is subject to all of the 48 provisions of chapter 536 and, if applicable, section 49 536.028. This section and chapter 536 are nonseverable and 50 if any of the powers vested with the general assembly 51 pursuant to chapter 536 to review, to delay the effective 52 date or to disapprove and annul a rule are subsequently held 53 unconstitutional, then the grant of rulemaking authority and 54 any rule proposed or adopted after August 28, 2002, shall be 55 invalid and void. 56 5. Any public school board member, officer or 57 employee, including library personnel, who willfully 58 neglects or refuses to perform a duty imposed by this 59 section shall be subject to the penalties imposed pursuant 60 to section 162.091. 61 6. A public school or public school board member, 62 officer or employee, including library personnel, public 63 library or public library board member, officer, employee or 64 trustee that complies with subsection 1 or 3 of this section 65 or an internet service provider providing internet 66 connectivity to such public school or library in order to 67 comply with this section shall not be criminally liable or 68 liable for any damages that might arise from a minor gaining 69 access to material that is pornographic for minors through 70 SB 765 7 the use of a public access computer that is owned or 71 controlled by the public school or public library. 72 