Catch Title: HB0010 Sexually Explicit Materials in Libraries

Category: Social Issues

Sponsor: Joint Judiciary Interim Committee

Effective Date: July 1, 2026

Bill URL: HB0010 – Wyoming Legislature

Overview: This bill mandates that Wyoming public and school libraries restrict minor access to “sexually explicit materials” by requiring such items to be housed in adult-only sections or removed from school libraries entirely. It establishes a formal community challenge process, imposes significant daily civil penalties for administrative non-compliance, and creates a private cause of action allowing residents to sue governmental entities for violations. Notably, the bill defines “sexually explicit” based on specific physical acts rather than the broader legal “obscenity” standards established by the U.S. Supreme Court.

Key Provisions:

• Definition of Sexually Explicit Material: Includes any written, pictorial, or electronic description or depiction of specific sexual contact, including penetration, oral-genital contact, ejaculation, or the use of artificial sexual organs.
• Public Library Restrictions: Requires libraries to ensure no such materials are accessible in “children’s sections” (defined as areas for those under 18) and that they are stored in adult-only areas.
• School Library Ban: Prohibits students from accessing any sexually explicit materials in any school district library.
• Mandatory Challenge Process: County library boards and school trustees must establish a public form and process for residents to challenge the presence of specific materials, with a 60-day deadline for a written decision.
• Financial Penalties: Imposes a civil penalty of $500.00 per day on libraries or school districts that fail to implement the required challenge process by August 1, 2026.
• Private Right of Action: Grants county residents the right to sue for injunctive relief, damages, and attorney fees if a library violates these requirements, provided the challenge process is completed first.
• Litigation Shield: Prohibits lawsuits if the challenged material is moved or removed after a challenge is initiated.

Implications:

• Divergence from Constitutional Standards:
  • The Miller Test: Under the U.S. Supreme Court’s Miller v. California standard, material is only legally “obscene” (and thus unprotected by the First Amendment) if it: (1) appeals to prurient interests, (2) is patently offensive, and (3) lacks serious literary, artistic, political, or scientific value.
  • HB0010 Conflict: This bill omits the “serious value” prong of the Miller Test, potentially classifying award-winning literature or health materials as “sexually explicit” solely based on the descriptions of physical acts.
• WLA Rebuttals & Practical Impacts:
  • Existing Policies: The Wyoming Library Association (WLA) notes that libraries already have “long established” collection and reconsideration policies approved by local boards, making the mandated state process redundant.
  • Erosion of Parental Rights: While proponents argue the bill protects children, the WLA contends it actually “removes parental rights” by allowing the government—rather than individual parents—to dictate what materials are available to all families.
  • Censorship Concerns: The WLA warns the bill will force the removal of materials that help readers understand “identity, curiosity, and experiences,” effectively acting as a state-mandated censorship tool.
• Legal & Administrative Ambiguity:
  • Enforcement Uncertainty: While the $500/day penalty for failing to create a process is clear, the bill is [Ambiguous] regarding the specific daily penalties for a library that has a process but loses a court case regarding a specific book’s placement.
  • Scope of “Children’s Section”: Because the bill defines “children’s section” as any area “devoted primarily to” or providing materials for those under 18, it may inadvertently apply to Young Adult (YA) sections, which often house more mature themes.
  • Fiscal Impact: The draft lacks an official fiscal note, leaving the potential costs of increased litigation and administrative overhead for rural districts [Not Specified].