D. The requestor must have read the book or viewed the material before the review can go to the review committee. E. If challenges become unduly burdensome, the district may limit the number of challenges an individual may make in the course of a school year. F. HB 374 (Section 53G-10-103) references three applicable definitions of "pornographic or indecent material." HB 374 creates a new legislative approach to identify "sensitive materials" in a school setting under Utah statute. Under HB 374, pornographic or indecent material means any material defined as harmful to minors in Section 76-10-1201, described as pornographic in Section 76-10-1203, or described in Section 76-10-1227. Under HB 374, if a school library book meets the definition of any of these three standards (1a, b, and c below) then the book should be removed from a school library. A library materials review may be based upon the concern that (1) the material is a sensitive material as defined in Section 53G-10-103, or (2) upon concerns with age-appropriateness of content. 1. Concerns that the material is a sensitive material as defined in Section 53G-10-103 a) Utah Code Ann.§ 76-10-1201: "Harmful to minors" means that quality of any description or representation, in whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it: (i) taken as a whole, appeals to the prurient interest in sex of minors; (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (iii) taken as a whole, does not have serious value for minors. b) Utah Code Ann.§ 76-10-1203: Any material or performance is pornographic if: (i) The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex; (ii) It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and (iii) Taken as a whole it does not have serious literary, artistic, political or scientific value. c) Utah Code Ann.§ 76-10-1227: "Description or depiction of illicit sex or sexual immorality" means: (1) (a)(i) human genitals in a state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse, or sodomy; (iii) fondling or other erotic touching of human genitals or pubic region; or (iv) fondling or other erotic touching of the human buttock or female breast… (2) (a) Subject to Subsection 2(c), this section and Section 76-10-1228 do not apply to any material which, when taken as a whole, has serious value for minors. (b) As used in Subsection (2)(a), “serious value” means having serious literary, artistic, political, or scientific value for minors, taking into consideration the ages of all minors who could be exposed to the material. (c) A description or depiction of illicit sex or sexual immorality as defined in Subsection (1)(a)(i), (ii), or (iii) has no serious value for minors. The review committee may consider assessing the materials “as a whole” when analyzing materials under UCA 76-10-1227. (as noted in Attorney General’s June 2022 letter) 2. Concerns with age-appropriateness of content. G. The identity of the requestor will be protected and kept confidential from all individuals outside
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