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SF 2434

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/03/2023 09:59am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; removing exemptions from obscenity laws for public schools
and postsecondary institutions; amending Minnesota Statutes 2022, sections
617.291, subdivision 2; 617.295.


Section 1.

Minnesota Statutes 2022, section 617.291, subdivision 2, is amended to read:

Subd. 2.

Best interest.

It is in the best interest of the health, welfare, and safety of the
citizens of this state, and especially of minors within the state, that commercial dissemination,
and dissemination without monetary consideration in a place of public accommodation, of
sexually explicit written, photographic, printed, sound or published materials, and of plays,
dances, or other exhibitions presented before an audience, that are deemed harmful to minors,
be restricted to persons over the age of 17 years; or, if available to minors under the age of
18 years, that the availability of the materials be restricted to sources within established and
recognized deleted text begin schools,deleted text end churches, museums, medical clinics and physicians, hospitals, public
libraries, or government sponsored organizationsnew text begin , excluding schools and postsecondary
new text end .

Sec. 2.

Minnesota Statutes 2022, section 617.295, is amended to read:


The following are exempt from criminal or other action hereunder:

(1) recognized and established deleted text begin schools,deleted text end churches, museums, medical clinics and
physicians, hospitals, public libraries, governmental agenciesnew text begin , excluding schools and
postsecondary institutions,
new text end or quasi governmental sponsored organizations, and persons
acting in their capacity as employees or agents of such organization. For the purpose of this
section "recognized and established" shall mean deleted text begin an organization or agency having a full
time faculty and diversified curriculum in the case of a school;
deleted text end a church affiliated with a
national or regional denomination; a licensed physician or psychiatrist or clinic of licensed
physicians or psychiatrists; and in all other exempt organizations shall refer only to income
tax exempted organizations which are supported in whole or in part by tax funds or which
receive at least one-third of their support from publicly donated funds;

(2) individuals in a parental relationship with the minor; and

(3) motion picture machine operators, stagehands, or other theatre employees such as
cashiers, doorkeepers, ushers, and concession employees, if such person or persons have
no financial interest in the entertainment presented other than the salary or wage, or in any
theatre or place where such employee has no financial interest when the employee's services
are obtained solely for salary or wage; provided, that such employee is under the direct
supervision of a theatre manager who is a resident of this state and who is not exempt from
action under sections 617.291 to 617.297.