TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 15

CHILDREN AND VULNERABLE ADULTS

18-1517B.  Children’s School and Library Protection. (1) This section shall be known and may be cited as the "Children’s School and Library Protection Act."

(2)  Notwithstanding any other provision of law, a school or public library, or an agent thereof, shall not promote, give, or make available to a minor any material that is sexually explicit and, taken as a whole, is harmful to minors.

(3)  Any minor who obtains material, or parent or legal guardian whose child obtained material, in violation of the provisions of subsection (2) of this section from a school or public library shall have a cause of action against such institution if:

(a)  The institution gave or made available the material, or the institution failed to take reasonable steps to restrict access by minors to the material;

(b)  Prior to the filing of a cause of action, the minor, parent, or legal guardian has provided written notice to the school or public library asking for the relocation of such material to a section designated for adults only within sixty (60) days of receipt of the written notice; and

(c)  Upon receipt of written notice and subsequent to the expiration of sixty (60) days, the institution’s library board or board of trustees failed to relocate the material to an area with adult access only.

(4)  Any minor, parent, or legal guardian who prevails in an action brought under this section may recover two hundred fifty dollars ($250) in statutory damages as well as actual damages and any other relief available by law, including but not limited to injunctive relief sufficient to prevent the defendant school or public library from violating the requirements of this section.

(5)  A county prosecuting attorney or the attorney general shall have a cause of action for injunctive relief against any school or public library that violates the provisions of subsection (2) of this section. The injunction shall be sufficient to prevent the defendant school or public library from violating the requirements of this section.

(6)  It shall be an affirmative defense to civil liability under this section that the defendant:

(a)  Had reasonable cause to believe that the minor involved was eighteen (18) years of age or older or such minor exhibited to the defendant a draft card, driver’s license, birth certificate, or other official or apparently official document purporting to establish that the minor was eighteen (18) years of age or older; or

(b)  Verified the minor involved was accompanied, at the time of the act, by his parent or legal guardian, or by another adult and the adult represented that he was the minor’s parent or legal guardian and signed a written statement to that effect.

(7)  Each school and public library shall have a policy and readily accessible form allowing a person to request review of material the person considers to be harmful to minors. Such form shall contain the definitions of "sexually explicit" and "harmful to minors," as provided in section 18-1514, Idaho Code.

(8)  Any action brought pursuant to this section by or on behalf of a minor shall be in accordance with the provisions of chapter 9, title 6, Idaho Code, section 5-306, Idaho Code, and rule 17 of the Idaho rules of civil procedure.

History:

[18-1517B, added 2024, ch. 327, sec. 2, p. 1081; am. 2026, ch. 343, sec. 3, p. 1337.]