SB 56 – Eliminating Affirmative Defense

Feb 12, 2015 by

Kansas has a statute that makes it a crime to display, present, or distribute to a minor any “material which is harmful to minors.” “Material” is defined in the statute to include just about anything: a book, poster, print, picture, movie, etc. The term “harmful to minors” is required to conform to “contemporary community standards,” it is defined to include nudity.

 

The current law excludes teachers who disseminate allegedly harmful material that is acquired by a public, private or parochial school, college or university. SB 56 eliminates this affirmative defense for teachers in public, private or parochial school, leaving the defense only for college and university professors.

Additional Comments

A teacher who distributes an art or history book that contains a picture of Michelangelo’s sculpture of David or of the Venus de Milo, or displays a poster in an art classroom with either of these on it, could arguably be prosecuted under the law.

 

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