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Text: HF00134                           Text: HF00136
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House File 135

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 657.2, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  14.  A violation of section 728.4 or 728.5
  1  4 or the knowing dissemination or exhibition of obscene material
  1  5 to a minor from an establishment.
  1  6    Sec. 2.  Section 728.1, Code 1995, is amended by adding the
  1  7 following new subsection:
  1  8    NEW SUBSECTION.  6A.  "Place of business" means the
  1  9 premises of a business required to obtain a sales tax permit
  1 10 pursuant to chapter 422, the premises of a nonprofit or not-
  1 11 for-profit organization, and the premises of an establishment
  1 12 which is open to the public at large or where entrance is
  1 13 limited by a cover charge or membership requirement.
  1 14    Sec. 3.  Section 728.4, Code 1995, is amended to read as
  1 15 follows:
  1 16    728.4  RENTAL OR SALE OF HARD-CORE PORNOGRAPHY.
  1 17    A person who knowingly rents, exhibits, disseminates,
  1 18 sells, or offers for rental or sale material depicting
  1 19 patently offensive representations of oral, anal, or vaginal
  1 20 intercourse, actual or simulated, involving humans, or
  1 21 depicting patently offensive representations of masturbation,
  1 22 excretory functions, or bestiality, or lewd exhibition of the
  1 23 genitals, which the average adult taking the material as a
  1 24 whole in applying statewide contemporary community standards
  1 25 would find appeals to the prurient interest; and which
  1 26 material, taken as a whole, lacks serious literary,
  1 27 scientific, political, or artistic value, upon conviction is
  1 28 guilty of an aggravated misdemeanor.  However, second and
  1 29 subsequent violations of this section by a person who has been
  1 30 previously convicted of violating this section are class "D"
  1 31 felonies.  Charges under this section may only be brought by a
  1 32 county attorney or by the attorney general.
  1 33    Sec. 4.  Section 728.5, Code 1995, is amended to read as
  1 34 follows:
  1 35    728.5  PUBLIC INDECENT EXPOSURE IN CERTAIN ESTABLISHMENTS.
  2  1    A holder of a liquor license or beer permit or any Any
  2  2 owner, manager, or person who exercises direct control over
  2  3 any licensed premises defined in section 123.3, subsection 20
  2  4 place of business required to obtain a sales tax permit shall
  2  5 be guilty of a serious misdemeanor under any of the following
  2  6 circumstances:
  2  7    1.  If such person allow allows or permit permits the
  2  8 actual or simulated public performance of any sex act upon or
  2  9 in such licensed premises place of business.
  2 10    2.  If such person allow allows or permit permits the
  2 11 exposure of the genitals or buttocks or female breast of any
  2 12 person who acts as a waiter or waitress.
  2 13    3.  If such person allow allows or permit permits the
  2 14 exposure of the genitals or female breast nipple of any person
  2 15 who acts as an entertainer, whether or not the owner of the
  2 16 licensed premises place of business in which the activity is
  2 17 performed employs or pays any compensation to such person to
  2 18 perform such activity.
  2 19    4.  If such person allow allows or permit permits any
  2 20 person to remain in or upon the licensed premises place of
  2 21 business who exposes to public view the person's genitals,
  2 22 pubic hair, or anus.
  2 23    5.  If such person allow or permit the displaying of moving
  2 24 pictures, films, or pictures depicting any sex act or the
  2 25 display of the pubic hair, anus, or genitals upon or in such
  2 26 licensed premises.
  2 27    6 5.  If such person advertises that any activity
  2 28 prohibited by this section is allowed or permitted in such
  2 29 licensed premises place of business.
  2 30    7 6.  If such person allows or permits a minor to engage in
  2 31 or otherwise perform in a live act intended to arouse or
  2 32 satisfy the sexual desires or appeal to the prurient interests
  2 33 of patrons.  However, if such person allows or permits a minor
  2 34 to participate in any act included in subsections 1 through 4,
  2 35 the person shall be guilty of an aggravated misdemeanor.
  3  1    In addition, a holder of a liquor license or beer permit or
  3  2 any owner, manager, or person who exercises direct control
  3  3 over any licensed premises defined in section 123.3,
  3  4 subsection 20, shall be guilty of a serious misdemeanor if
  3  5 such person allows or permits the displaying of moving
  3  6 pictures, films, or pictures depicting any sex act or the
  3  7 display of the pubic hair, anus, or genitals upon or in such
  3  8 licensed premises.
  3  9    Provided that the The provisions of this section shall not
  3 10 apply to a theater, concert hall, art center, museum, or
  3 11 similar establishment which is primarily devoted to the arts
  3 12 or theatrical performances and any of the circumstances
  3 13 contained in this section were permitted or allowed as part of
  3 14 such art exhibits or performances.
  3 15    Sec. 5.  Section 728.8, Code 1995, is amended to read as
  3 16 follows:
  3 17    728.8  SUSPENSION OF LICENSES OR PERMITS.
  3 18    Any person who knowingly permits a violation of section
  3 19 728.2, 728.3, or 728.5, subsection 7 6, to occur on premises
  3 20 under the person's control shall have all permits and licenses
  3 21 issued to the person under state or local law as a
  3 22 prerequisite for doing business on such premises revoked for a
  3 23 period of six months.  The county attorney shall notify all
  3 24 agencies responsible for issuing licenses and permits of any
  3 25 conviction under section 728.2, 728.3, or 728.5, subsection 7
  3 26 6.
  3 27    Sec. 6.  NEW SECTION.  728.16  PUBLIC NUISANCE.
  3 28    A person who violates section 728.4 or 728.5 or who
  3 29 knowingly disseminates or exhibits obscene material to a minor
  3 30 from an establishment operates a public nuisance subject to
  3 31 the provisions of chapter 657.
  3 32    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  3 33 immediate importance, takes effect upon enactment.  
  3 34 HF 135
  3 35 ec/pk/25
     
Text: HF00134                           Text: HF00136
Text: HF00100 - HF00199                 Text: HF Index
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