1. United States
2. Texas
3. Letter

Removing the affirmative defense to prosecution language from Section 43.24 (c ) of the Texas Penal Code threatens librarians with criminal prosecution for doing their jobs. Librarians follow board policies, state collection development standards, and comply with all state and federal laws when selecting library materials. The affirmative defense language exists to prevent frivolous lawsuits and prosecution so that law enforcement and courts focus on cases involving real harm to children. No librarian should live in fear of being arrested because one individual does not like a book and calls the police claiming it is “obscene” and harmful to minors. Please vote no on SB 412.