TITLE 33

EDUCATION

CHAPTER 27

PUBLIC LIBRARY DISTRICTS

33-2741.  public library — internet use policy required. (1)  Public libraries receiving public moneys and governed by the provisions of chapters 26 and 27, title 33, Idaho Code, that offer use of the internet or an online service to the public:

(a)  (i)  Shall have in place a policy of internet safety for minors including the operation of a technology protection measure with respect to any publicly accessible wireless internet access or publicly accessible computers with internet access and that protects against access through such computers or wireless internet access to visual depictions that are obscene or child pornography or harmful to minors; and

(ii)  Shall enforce the operation of such technology protection measure during any use of a computer or wireless internet access by a minor.

(b)  (i)  Shall have in place a policy of internet safety, which may include the operation of a technology protection measure with respect to any publicly accessible wireless internet access or publicly accessible computers with internet access and that protects against access through such computers or wireless internet access to visual depictions that are obscene or child pornography; and

(ii)  May enforce the operation of such technology protection measure during any use of a computer or wireless internet access.

(2)  The provisions of this section shall not prohibit a public library from limiting internet access or otherwise protecting against materials other than the materials specified in this section.

(3)  An administrator, supervisor or other authorized representative of a public library may disable a technology protection measure described in subsection (1) of this section at the request of a library patron to enable access for lawful purposes.

(4)  Each public library’s policy shall be developed under the direction of the library’s board of trustees, adopted in an open meeting and shall have an effective date. The board of trustees shall review the policy at least once every three (3) years. The policy shall reflect the most recent date of review.

(5)  Notice of the availability of the policy shall be posted in a conspicuous place within the library for all patrons to observe. The board of trustees may issue any other public notice it considers appropriate to inform the community about the policy.

(6)  The policy may:

(a)  State that it restricts access to internet or online sites that contain material described in subsection (1) of this section and how the policy meets the requirements provided for in this section;

(b)  Inform patrons that administrative procedures and guidelines for library staff to follow in enforcing the policy have been adopted and are available for review at the library; and

(c)  Inform patrons that procedures for use by patrons and staff to handle complaints about the policy, its enforcement or about observed patron behavior have been adopted and are available for review at the library.

(7)  For purposes of this section, the following terms shall have the following meanings:

(a)  "Child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

(i)   The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

(ii)  Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or

(iii) Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

(b)  "Harmful to minors" means any picture, image, graphic image file or other visual depiction that:

(i)   Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretion;

(ii)  Depicts, describes or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

(iii) Taken as a whole, lacks serious literary, artistic, political or scientific value as to minors.

(c)  "Minor" means anyone who has not attained the age of eighteen (18) years.

(d)  "Obscene" means a depiction that:

(i)   The average person, applying contemporary community standards, would find to appeal to the prurient interest;

(ii)  Depicts or describes sexual conduct in a patently offensive way; and

(iii) Lacks serious literary, artistic, political or scientific value.

(e)  "Public moneys" means any and all moneys belonging to or collected by the state or any political subdivision thereof including, but not necessarily limited to, any city, county, town or district therein.

(8)  The provisions of this section shall have no effect on the provisions of section 33-132, Idaho Code.

History:

[33-2741, added 2011, ch. 260, sec. 1, p. 705; am. 2019, ch. 313, sec. 1, p. 936.]