Text: HSB00292 Text: HSB00294 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 728.2A, 1 4 728.3A, 728.4, or 728.5 or the knowing dissemination or 1 5 exhibition of obscene material to a minor from an 1 6 establishment. 1 7 Sec. 2. Section 728.1, Code 1995, is amended by adding the 1 8 following new subsections: 1 9 NEW SUBSECTION. 6A. "Place of business" means the 1 10 premises of a business required to obtain a sales tax permit 1 11 pursuant to chapter 422, the premises of a nonprofit or not- 1 12 for-profit organization, and the premises of an establishment 1 13 which is open to the public at large or where entrance is 1 14 limited by a cover charge or membership requirement. 1 15 NEW SUBSECTION. 10. "Sexual material" is any nonobscene 1 16 material depicting or describing the genitals, sex acts, 1 17 masturbation, excretory functions, or sadomasochistic abuse 1 18 that, on the whole, tends to appeal to the prurient interest. 1 19 Sec. 3. NEW SECTION. 728.2A DISSEMINATION AND EXHIBITION 1 20 OF SEXUAL MATERIAL TO MINORS. 1 21 Any person, other than the parent or guardian of the minor, 1 22 who knowingly disseminates or exhibits sexual material to a 1 23 minor, including the exhibition of sexual material so that it 1 24 can be observed by a minor on or off the premises where it is 1 25 displayed, is guilty of a public offense and shall upon 1 26 conviction be guilty of a simple misdemeanor. It shall be an 1 27 affirmative defense to an action based on this section that 1 28 the minor was accompanied by a parent or guardian or the minor 1 29 had a parent's or guardian's written permission. 1 30 Sec. 4. NEW SECTION. 728.3A ADMITTING MINORS TO PREMISES 1 31 WHERE SEXUAL MATERIAL IS EXHIBITED. 1 32 1. A person who knowingly sells, gives, delivers, or 1 33 provides a minor who is not a child with a pass or admits the 1 34 minor to premises where sexual material is exhibited is guilty 1 35 of a public offense and upon conviction is guilty of a simple 2 1 misdemeanor. 2 2 2. A person who knowingly sells, gives, delivers, or 2 3 provides a child with a pass or admits a child to a premises 2 4 where sexual material is exhibited is guilty of a public 2 5 offense and upon conviction is guilty of a serious 2 6 misdemeanor. 2 7 3. It shall be an affirmative defense to an action based 2 8 on this section that the minor was accompanied by a parent or 2 9 guardian or the minor had a parent's or guardian's written 2 10 permission. 2 11 Sec. 5. Section 728.5, Code 1995, is amended to read as 2 12 follows: 2 13 728.5 PUBLIC INDECENT EXPOSURE IN CERTAIN ESTABLISHMENTS. 2 14A holder of a liquor license or beer permit or anyAny 2 15 owner, manager, or person who exercises direct control over 2 16 anylicensed premises defined in section 123.3, subsection 202 17 place of business required to obtain a sales tax permit shall 2 18 be guilty of a serious misdemeanor under any of the following 2 19 circumstances: 2 20 1. If such personallowallows orpermitpermits the 2 21 actual or simulated public performance of any sex act upon or 2 22 in suchlicensed premisesplace of business. 2 23 2. If such personallowallows orpermitpermits the 2 24 exposure of the genitals or buttocks or female breast of any 2 25 person who acts as a waiter or waitress. 2 26 3. If such personallowallows orpermitpermits the 2 27 exposure of the genitals or female breast nipple of any person 2 28 who acts as an entertainer, whether or not the owner of the 2 29licensed premisesplace of business in which the activity is 2 30 performed employs or pays any compensation to such person to 2 31 perform such activity. 2 32 4. If such personallowallows orpermitpermits any 2 33 person to remain in or upon thelicensed premisesplace of 2 34 business who exposes to public view the person's genitals, 2 35 pubic hair, or anus. 3 15. If such person allow or permit the displaying of moving3 2pictures, films, or pictures depicting any sex act or the3 3display of the pubic hair, anus, or genitals upon or in such3 4licensed premises.3 565. If such person advertises that any activity 3 6 prohibited by this section is allowed or permitted in such 3 7licensed premisesplace of business. 3 876. If such person allows or permits a minor to engage in 3 9 or otherwise perform in a live act intended to arouse or 3 10 satisfy the sexual desires or appeal to the prurient interests 3 11 of patrons. However, if such person allows or permits a minor 3 12 to participate in any act included in subsections 1 through 4, 3 13 the person shall be guilty of an aggravated misdemeanor. 3 14 In addition, a holder of a liquor license or beer permit or 3 15 any owner, manager, or person who exercises direct control 3 16 over any licensed premises defined in section 123.3, 3 17 subsection 20, shall be guilty of a serious misdemeanor if 3 18 such person allows or permits the displaying of moving 3 19 pictures, films, or pictures depicting any sex act or the 3 20 display of the pubic hair, anus, or genitals upon or in such 3 21 licensed premises. 3 22Provided that theThe provisions of this section shall not 3 23 apply to a theater, concert hall, art center, museum, or 3 24 similar establishment which is primarily devoted to the arts 3 25 or theatrical performances and any of the circumstances 3 26 contained in this section were permitted or allowed as part of 3 27 such art exhibits or performances. 3 28 Sec. 6. Section 728.6, Code 1995, is amended to read as 3 29 follows: 3 30 728.6 CIVIL SUIT TO DETERMINE OBSCENITY. 3 31 Whenever the county attorney of any county has reasonable 3 32 cause to believe that any person is engaged or plans to engage 3 33 in the dissemination or exhibition of obscene material or the 3 34 improper dissemination or exhibition of sexual material within 3 35 the county attorney's county to minors the county attorney may 4 1 institute a civil proceeding in the district court of the 4 2 county to enjoin the dissemination or exhibition of obscene 4 3 material to minors or the improper dissemination or exhibition 4 4 of sexual material to minors. Such application for injunction 4 5 is optional and not mandatory and shall not be construed as a 4 6 prerequisite to criminal prosecution for a violation of this 4 7 chapter. 4 8 Sec. 7. Section 728.7, Code 1995, is amended to read as 4 9 follows: 4 10 728.7 EXEMPTIONS FORPUBLIC LIBRARIES ANDEDUCATIONAL 4 11 INSTITUTIONS. 4 12 Nothing in this chapter prohibits the use of appropriate 4 13 material for educational purposes in any accredited school, or4 14any public library,or in any educational program in which the 4 15 minor is participating. Nothing in this chapter prohibits the 4 16 attendance of minors at an exhibition or display of art works 4 17or the use of any materials in any public library. 4 18 Sec. 8. Section 728.8, Code 1995, is amended to read as 4 19 follows: 4 20 728.8 SUSPENSION OF LICENSES OR PERMITS. 4 21 Any person who knowingly permits a violation of section 4 22 728.2, 728.2A, 728.3, 728.3A, or 728.5, subsection76, to 4 23 occur on premises under the person's control shall have all 4 24 permits and licenses issued to the person under state or local 4 25 law as a prerequisite for doing business on such premises 4 26 revoked for a period of six months. The county attorney shall 4 27 notify all agencies responsible for issuing licenses and 4 28 permits of any conviction under section 728.2, 728.2A, 728.3, 4 29 728.3A, or 728.5, subsection76. 4 30 Sec. 9. Section 728.10, Code 1995, is amended to read as 4 31 follows: 4 32 728.10 AFFIRMATIVE DEFENSE. 4 33 In any prosecution for disseminating or exhibiting obscene 4 34 or sexual material to minors, it is an affirmative defense 4 35 that the defendant had reasonable cause to believe that the 5 1 minor involved was eighteen years old or more and the minor 5 2 exhibited to the defendant a draft card, driver's license, 5 3 birth certificate or other official or apparently official 5 4 document purporting to establish that such minor was eighteen 5 5 years old or more or was accompanied by a parent or spouse 5 6 eighteen years of age or more. 5 7 Sec. 10. Section 728.11, Code 1995, is amended to read as 5 8 follows: 5 9 728.11 UNIFORM APPLICATION. 5 10 In order to provide for the uniform application of the 5 11 provisions of this chapter relating to obscene material and 5 12 sexual material applicable to minors within this state, it is 5 13 intended that the sole and only regulation of obscene material 5 14 and sexual material shall be under the provisions of this 5 15 chapter, and no municipality, county or other governmental 5 16 unit within this state shall make any law, ordinance or 5 17 regulation relating to the availability of obscene materials 5 18 or sexual materials. All such laws, ordinances or regulations 5 19 shall be or become void, unenforceable and of no effect on 5 20January 1, 1978the effective date of this Act. Nothing in 5 21 this section shall restrict the zoning authority of cities and 5 22 counties. 5 23 Sec. 11. NEW SECTION. 728.16 PUBLIC NUISANCE. 5 24 A person who violates section 728.2A, 728.3A, 728.4, or 5 25 728.5 or who knowingly disseminates or exhibits obscene 5 26 material to a minor from an establishment operates a public 5 27 nuisance subject to the provisions of chapter 657. 5 28 Sec. 12. Section 809.1, subsection 2, Code 1995, is 5 29 amended by adding the following new paragraph: 5 30 NEW PARAGRAPH. e. Any interest in, security in, claim 5 31 against, or property or contractual right of any kind 5 32 affording a source of influence over, any enterprise which a 5 33 person has established, operated, controlled, conducted, or 5 34 participated in the conduct of, in violation of a criminal 5 35 offense pursuant to chapter 728. 6 1 Sec. 13. EFFECTIVE DATE. This Act, being deemed of 6 2 immediate importance, takes effect upon enactment. 6 3 EXPLANATION 6 4 The bill defines sexual material and provides that 6 5 dissemination and exhibition of the material to a minor 6 6 without parental consent constitutes a simple misdemeanor. 6 7 The bill also prohibits admitting minors and children to 6 8 premises where sexual material is exhibited. 6 9 The bill also provides that a violation of section 728.4, 6 10 concerning the rental or sale of hard-core pornography, a 6 11 violation of section 728.5, concerning public indecent 6 12 exposure, new sections 728.2A and 728.3A concerning 6 13 dissemination of sexual material, or the knowing dissemination 6 14 or exhibition of obscene materials to a minor constitutes a 6 15 nuisance as provided in chapter 657. 6 16 The bill provides that all places of business are subject 6 17 to the restrictions on public indecent exposure currently 6 18 enumerated in section 728.5, except that the bill provides 6 19 that the current obscenity restrictions on movies, films, or 6 20 pictures still only apply to businesses with a liquor license 6 21 or wine or beer permit. The bill defines place of business as 6 22 well. 6 23 The bill also provides forfeiture of a person's interest of 6 24 any kind relating to a violation of a criminal offense 6 25 pursuant to the obscenity chapter. 6 26 The bill provides that the bill takes effect upon 6 27 enactment. 6 28 LSB 2537HC 76 6 29 ec/jw/5
Text: HSB00292 Text: HSB00294 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HSB/00200/HSB00293/950313.html
jhf