House File 2568 H-8094 Amend House File 2568 as follows: 1 1. Page 1, after line 18 by inserting: 2 < Sec. ___. NEW SECTION . 235G.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Disseminate” means the same as defined in section 728.1. 6 2. “Distributor” means a person who owns or operates an 7 internet site or internet-based application. 8 3. “Minor” means a person under the age of eighteen. 9 4. “Obscene material” means the same as defined in section 10 728.1. 11 5. “Personal identification information” means an unexpired 12 student identification card, a valid social security card, 13 an unexpired driver’s license, an unexpired nonoperator’s 14 identification card, an unexpired passport, a certified copy 15 of a birth certificate, or other valid, unexpired proof of 16 identity. 17 Sec. ___. NEW SECTION . 235G.2 Restriction on minor access 18 to internet sites and internet-based applications. 19 A distributor shall not knowingly allow a minor to access the 20 distributor’s internet site or internet-based application if 21 the distributor’s internet site or internet-based application 22 contains obscene material. 23 Sec. ___. NEW SECTION . 235G.3 Civil remedy —— attorney 24 fees. 25 1. A parent or guardian may institute a civil action 26 for damages for a violation of section 235G.2 on behalf of 27 any minor child for whom the parent or guardian is legally 28 responsible. The damages shall be five hundred dollars for 29 each violation of section 235G.2. 30 2. A court shall award a prevailing party in an action 31 under this section court costs and reasonable attorney fees and 32 expert witness fees. 33 Sec. ___. NEW SECTION . 235G.4 Affirmative defense. 34 1. It is an affirmative defense to any claim or action under 35 -1- HF2568.3581 (2) 88 as/rh 1/ 4 #1.

section 235G.3 that the distributor did all of the following: 1 a. Required a person accessing its internet site or 2 internet-based application to provide to the distributor 3 personal identification information verifying the person was 4 age eighteen or older when the person accessed the internet 5 site or internet-based application. 6 b. Required the person receiving the obscene material to 7 use an authorized access or identification code, as provided by 8 the information provider, before transmission of the obscene 9 material begins. 10 c. Previously issued the code by mailing it to the person 11 after ascertaining that the person was eighteen years of age or 12 older. 13 d. Established a procedure to immediately cancel the code of 14 any person after receiving notice, in writing or by telephone, 15 that the code has been lost, stolen, or used by persons 16 under the age of eighteen years or that the code is no longer 17 desired. 18 2. It shall not be an affirmative defense to any claim 19 or action under section 235G.3 that a minor accessed the 20 distributor’s internet site or internet-based application 21 from an accredited school, public library, community college, 22 college, or university. 23 Sec. ___. NEW SECTION . 235G.5 Limitation of actions. 24 An action shall not be maintained, at law or in equity, under 25 this chapter unless the action is commenced within thirty years 26 after the date of the discovery of the dissemination of obscene 27 material to a minor. 28 Sec. ___. NEW SECTION . 728.16 Internet dissemination of 29 obscene material to minors. 30 1. a. As used in this section, “distributor” means a 31 person who owns or operates an internet site or internet-based 32 application. 33 b. A distributor shall not knowingly disseminate obscene 34 material by the use of an internet site or internet-based 35 -2- HF2568.3581 (2) 88 as/rh 2/ 4

application to a minor. 1 2. It shall be a defense in any prosecution for a violation 2 of subsection 1 by a distributor accused of knowingly 3 disseminating obscene material by the use of an internet site 4 or internet-based application to a minor that the distributor 5 has taken either of the following measures to restrict access 6 to the obscene material: 7 a. The distributor has done all of the following: 8 (1) Required the person receiving the obscene material to 9 use an authorized access or identification code, as provided by 10 the information provider, before transmission of the obscene 11 material begins. 12 (2) Previously issued the code by mailing it to the 13 applicant requiring the applicant to provide personal 14 identification information as defined in section 235G.1 15 verifying that the applicant was eighteen years of age or 16 older. 17 (3) Established a procedure to immediately cancel the 18 code of any person after receiving notice, in writing or by 19 telephone, that the code has been lost, stolen, or used by 20 persons under the age of eighteen years or that the code is no 21 longer desired. 22 b. The distributor accused has required payment by credit 23 card before transmission of the obscene material. 24 3. Any list of applicants or recipients compiled or 25 maintained by an information-access service provider for 26 purposes of compliance with subsection 2 is confidential and 27 shall not be sold or otherwise disseminated except upon order 28 of the court. 29 4. a. A violation of subsection 1 is an aggravated 30 misdemeanor. 31 b. A violation of subsection 1 by a distributor who has been 32 previously convicted of a violation of subsection 1 is a class 33 “D” felony. > 34 2. Title page, line 1, after < Act > by inserting < relating to 35 -3- HF2568.3581 (2) 88 as/rh 3/ 4