House Bill 139 Summary

• Establishes the "Children's School and Library Protection Act" creating Chapter 66 in Title 33, Idaho Code, defining material harmful to minors and restricting its availability in schools and public libraries.

• Prohibits schools and public libraries from promoting, giving, or making available to minors any pictures, books, recordings, or other material containing nudity, sexual conduct, sado-masochistic abuse, or explicit descriptions of sexual activity that appeal to prurient interests or substantially arouse sexual desires in persons under 18 years old.

• Creates a private civil cause of action allowing minors or their parents/legal guardians to sue schools or public libraries for violations, with a 4-year statute of limitations.

• Authorizes prevailing plaintiffs to recover $10,000 in statutory damages per instance of obtaining harmful material, plus actual damages, reasonable attorney's fees, and costs.

• Provides affirmative defenses for defendants who reasonably believed the minor was 18 or older, or who verified the minor was accompanied by a parent or legal guardian.

• Becomes effective July 1, 2023.