WHEREAS, a nationwide effort exists to introduce children to sexuality as early as possible; and
WHEREAS, sexually explicit books that would be defined as obscene according to
Wyoming Statute 6-4-301(iii) and the Miller Test are available to children in grade school, middle school, and in children and teen sections of schools and public libraries; and
WHEREAS, Wyoming Statute 6-4-301(iii) states “Obscene” is material which the
average person would find: (A) Applying contemporary community standards,
taken as a whole, appeals to the prurient interest (B) Applying contemporary
community standards, depicts or describes sexual conduct in a patently offensive
way; and (C) Taken as a whole, lacks serious literary, artistic, political or scientific value; and
WHEREAS, the above statutory definition of “Obscene” is based on the Miller test, also called the three-prong obscenity test, which is the United States Supreme Court’s test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited; and
WHEREAS, promoting obscenity is a crime as declared in Wyoming Statute 6-4-
302(a)(ii) which states (a) “A person commits the crime of promoting obscenity if he: (ii) Possesses obscene material with the intent of disseminating it”; and
WHEREAS, Wyoming Statute 6-4-302(c) allows an exemption to any person who
may produce, reproduce, possess or disseminate obscene material: (i) In the course of law enforcement and judicial activities; (ii) In the course of bona fide school, college, university, museum or public library activities or in the course of
employment of such an organization; and
WHEREAS, schools and public libraries are abusing this statute to disseminate
obscene material to minors; and
WHEREAS, there is not a legitimate reason to allow presenting obscene material to minors; and
WHEREAS, taxpayer money should not be used to produce, reproduce, possess or disseminate obscene material considering an individual taxpayer could be found guilty of “promoting obscenity” under Wyoming Statute 6-4-302.
THEREFORE, BE IT RESOLVED, the Wyoming Republican Party calls on the
Legislature of the State of Wyoming to strike paragraph(c)(ii) of Wyoming Statute 6-4-302 as stated “In the course of bona fide school, college, university, museum or public library activities or in the course of employment of such an organization.”
Passed:
Wyoming Republican Party, 22 May 7 State Convention
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