House Bill 556
Summary of House Bill 556
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DESCRIPTION
Allows school librarians to be charged with felonies for promoting or providing “obscene” material, but does not define “obscene” or “obscenity”. TARGETS K12 teachers (except health or biology teachers) and school librarians |
PRIMARY SPONSOR(S)
Rep. Adam Mathews COMMITTEE House Criminal Justice Committee STATUS Introduced: May 15, 2024 Passed House: Passed Senate: HEARINGS Watch Hearings | Read Testimony BILL General Info | Bill Text | Analysis Amendments |
What does HB 556 do?
HB 556 creates a criminal liability for teachers and librarians for the offense of "pandering obscenity".
Creates an exception to existing law which would allow school librarians and teachers to be charged with felonies for promoting or providing “obscene” material, yet does not not define “obscene” or “obscenity”.
Removes the ability to defend against an “obscenity” charge by proving that that the material or performance involved was disseminated or presented for a bona fide educational purpose.
[Existing law states that] “No person, with knowledge of the character of the material or performance involved, shall do any of the following:
Definitions
- “Whoever violates this section is guilty of pandering obscenity, a fifth-degree felony. If the offender previously has been convicted of a violation of this section or of ORC 2907.31, then pandering obscenity is a fourth-degree felony.”
Removes the ability to defend against an “obscenity” charge by proving that that the material or performance involved was disseminated or presented for a bona fide educational purpose.
[Existing law states that] “No person, with knowledge of the character of the material or performance involved, shall do any of the following:
- Create, reproduce, or publish any obscene material, when the offender knows that the material is to be used for commercial exploitation or will be publicly disseminated or displayed, or when the offender is reckless in that regard.
- Promote or advertise for sale, delivery, or dissemination; sell, deliver, publicly disseminate, publicly display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, publicly disseminate, publicly display, exhibit, present, rent, or provide, any obscene material
- Create, direct, or produce an obscene performance, when the offender knows that it is to be used for commercial exploitation or will be publicly presented, or when the offender is reckless in that regard
- Advertise or promote an obscene performance for presentation, or present or participate in presenting an obscene performance, when the performance is presented publicly, or when admission is charged
- Buy, procure, possess, or control any obscene material with the goal of promoting or advertising obscene material (see tags above for details)
Definitions
- Defines "Faculty member" as “any person who is tasked with providing academic research or teaching at a private or public institution of higher education, as those institutions are defined in ORC 3365.01”
- Notes that "Other person having a proper interest" does not include a teacher who is not a health or biology teacher or a school librarian.
- Defines "School librarian" as “a librarian employed by a school district, other public school, as defined in ORC 3301.0711, or chartered nonpublic school and a librarian employed in a school district public library established in accordance with ORC 3375.14 to ORC 3375.18.
- Notes that "Teacher" has “the same meaning as in ORC 3319.09 and includes an individual who has a teacher certification under ORC 3301.071”
What is our position on HB 556
OPPOSE
Testimony
**Do NOT submit testimony until the appropriate hearing is announced**
HOW TO SUBMIT TESTIMONY
STEP 1:
PREPARE YOUR TESTIMONY
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STEP 2:
EMAIL TESTIMONY DOCUMENTS TO COMMITTEE
Email a PDF of your testimony & this completed Witness Slip to [email protected]
**IMPORTANT**
Do NOT send your testimony until the appropriate hearing is announced.
You must submit your testimony 24 hours ahead of the scheduled hearing.
Indicate in your email that you are submitting testimony and ask for a confirmation of receipt.
All testimony will be uploaded HERE
STEP 3:
ARRIVE EARLY FOR IN-PERSON TESTIMONY
Arrive at least 1 hour prior to the scheduled hearing
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