Kansas 2023-2024 Regular Session

Kansas Senate Bill SB188

Introduced
2/7/23  
Refer
2/8/23  

Caption

Removing an affirmative defense for public, private and parochial schools from the crime of promotion to minors of material harmful to minors.

Impact

The impact of SB188 is significant as it alters the legal framework surrounding what is considered acceptable in educational institutions. By eliminating the previous affirmative defense, schools will face greater scrutiny regarding the materials and performances they provide to students. This shift potentially opens schools and educators to more legal risks, complicating their ability to navigate instructional content that may be challenged by parents or guardians. Ultimately, the legislation aims to enhance protections for minors but raises questions about the balance between protecting children and the freedom of educational institutions to present diverse or challenging materials.

Summary

Senate Bill 188 seeks to amend K.S.A. 2022 Supp. 21-6402 by removing an affirmative defense pertinent to the promotion of harmful material to minors in public, private, and parochial schools. The bill explicitly addresses the distribution, presentation, and display of materials deemed harmful to minors. Such materials can include, but are not limited to, explicit sexual content, nudity, and other forms of potentially damaging representations. With this modification, individuals or institutions can be held accountable under criminal law if a minor is exposed to such content, presenting a stricter enforcement of existing laws regarding material harmful to minors.

Contention

Notably, this bill has sparked debates about parental rights and the responsibilities of educational institutions. Proponents argue that the removal of the affirmative defense is a necessary step to safeguard children from exposure to inappropriate materials. Critics, however, express concern that this legislative change could lead to censorship in schools, restricting access to literature and educational resources that could offer important cultural, artistic, or scientific insights. There are fears that the law may inadvertently criminalize valuable educational content while fostering an atmosphere of anxiety among educators about potential repercussions for their instructional choices.

Companion Bills

No companion bills found.

Previously Filed As

KS SB531

Creating a civil cause of action against schools that give or make available harmful material to minors and removing the affirmative defense to promotion to minors of material harmful to minors for public and nonpublic schools.

KS H1305

Materials Harmful to Minors

KS SB149

Expanding the crime of promoting obscenity to minors to include drag performances.

KS HB1221

Material that is obscene or harmful to minors.

KS H1539

Materials Harmful to Minors

KS HB385

Crimes and offenses, provided that the use of any premises to distribute material that is harmful to minors is a public nuisance and further provided for the definition of "sexual conduct"

KS SB765

Prohibits obscene or harmful materials from being accessible to minors in public schools and charter schools

KS SB10

Pupil or minor access to harmful material in public libraries and to harmful material or offensive material in public schools. (FE)

KS AB15

Pupil or minor access to harmful material in public libraries and to harmful material or offensive material in public schools. (FE)

KS SB0012

Material harmful to minors.

Similar Bills

No similar bills found.