New Missouri Law Bans Explicit Sexual Material in K-12 Schools

On August 28, 2022, a new Missouri law that prohibits the use of books with sexually explicit or inappropriate images in K-12 public and private schools went into effect.

Missouri Revised Statute §573.550, passed in Senate Bill 775, prohibits educators from providing "explicit sexual materials" to students, and any violator can be charged with a Class A misdemeanor, resulting in a fine up to $2,000 or imprisonment for up to one year.

This new law is part of an omnibus bill that focuses on sex crimes and crimes against minors, which includes the Sexual Assault Survivors Bill of Rights. State Senator Rick Brattin (R-Greenwood) introduced the "Offense of Providing Explicit Sexual Material to a Student" section.

The law only applies to visual depictions. Graphic novels and comic books are likely to be the genre that is most impacted. "Explicit sexual material" is defined as visual depictions showing genitals or sexual intercourse, among other things. There are some exceptions, including art, science materials, and sexual education classes.

Any person can report a concern under this law, but only local prosecutors can enforce it.

The Law

According to the new law, state statute 573.550, “A person commits the offense of providing explicit sexual material to a student if such person is affiliated with a public or private elementary or secondary school in an official capacity and, knowing of its content and character, such person provides, assigns, supplies, distributes, loans, or coerces acceptance of or the approval of the providing of explicit sexual material to a student or possesses with the purpose of providing, assigning, supplying, distributing, loaning, or coercing acceptance of or the approval of the providing of explicit sexual material to a student.”

It defines explicit sexual material as “any pictorial, three-dimensional, or visual depiction, including any photography, film, video, picture, or computer-generated image, showing human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; provided, however, that works of art, when taken as a whole, that have serious artistic significance, or works of anthropological significance, or materials used in science courses, including but not limited to materials used in biology, anatomy, physiology, and sexual education classes shall not be deemed to be within the foregoing definition.”

It defines a “person affiliated with a public or private elementary or secondary school in an official capacity," as an administrator, teacher, librarian, media center personnel, substitute teacher, teacher's assistant, student teacher, law enforcement officer, school board member, school bus driver, guidance counselor, coach, guest lecturer, guest speaker, or other nonschool employee who is invited to present information to students by a teacher, administrator, or other school employee. Such term shall not include a student enrolled in the elementary or secondary school.

The offense of providing explicit sexual material to a student is a Class A Misdemeanor. A Class A Misdemeanor in Missouri carries a maximum penalty of one year in jail and a fine of up to $2000.