Lincoln, Neb. — After three days of debate, a bill that would attempt to change certain criminal protections for educators and library staff failed to advance from general file on Wednesday.
Under current law, it is a Class I misdemeanor to prepare, distribute, order, produce, exhibit or promote obscene material or possess such material with the intent to do so. A Class I misdemeanor carries a maximum penalty of a $1,000 fine or one year in jail.
State law also provides an affirmative defense for teachers and librarians if charged with possession, distribution or exhibition of obscene material to a minor if the individual is employed at an “established and recognized educational institution” and engaged in educational activity. LB441, introduced by Thurston Sen. Joni Albrecht, would narrow that provision to apply only to employees of postsecondary educational institutions.
Currently, Albrecht said, it is against the law to show criminally obscene materials to minors, except in K-12 schools and libraries. LB441 would close this “loophole” in Nebraska law, she said, and hold all adults to the same standard.
Sen. Albrecht called for a cloture vote after debate on the bill reached the required eight hours. The vote was 30-17, with 33 needed. The bill is unlikely to be placed on the agenda again this session.
