Despite the age of consent in Mississippi being 16, no one under the age of 18 will have access to digital materials made available through public and school libraries without explicit parental/guardian permission.

Mississippi has a new law on the books directly impacting access and use of digital resources like Hoopla and Overdrive for those under the age of 18 throughout the state. Even if granted parental permission, minors may not have materials available to them, if vendors do not ensure every item within their offerings meets the new, wide-reaching definition of “obscenity” per the state. Mississippi Code 39-3-25, part of House Bill 1315, went into effect July 1, 2023, and libraries across the state have scrambled for how to be in compliance.

  • This is their definition of “sexually oriented material”:

    [A]ny material is sexually oriented if the material contains representations or descriptions, actual or simulated, of masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.”

    I can’t help but notice that this would seem so broad as to include the Diary of Anne Frank.