SF 460 (LSB 2169SV (3) 88)

SENATE FILE 460

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1144)

A BILL FOR

An Act relating to the dissemination and exhibition of obscene material to a minor by the parent or guardian of the minor, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 728.2, Code 2019, is amended to read as follows:
   728.2  Dissemination and exhibition of obscene material to minors.
   Any person, other than the parent or guardian of the minor, who knowingly disseminates or exhibits obscene material to a minor, including the exhibition of obscene material so that it can be observed by a minor on or off the premises where it is displayed, is guilty of a public offense and shall upon conviction be guilty of a serious misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the dissemination and exhibition of obscene material to a minor by the parent or guardian of the minor, and provides penalties.
   The bill provides that any person who knowingly disseminates or exhibits obscene material to a minor, including the exhibition of obscene material so that it can be observed by a minor on or off the premises where it is displayed, is guilty of a public offense and shall upon conviction be guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. Current law exempts parents and guardians from prosecution for knowingly disseminating or exhibiting obscene material to their minor child or ward.
   A violation of Code section 728.2 is a tier I sex offense under Code section 692A.102 requiring registration as a sex offender. A person who commits a violation of Code section 728.2 is also subject to license suspension or revocation provisions under Code sections 272.2(14) (education) and 728.8 (business).