House File 2163 - Introduced
HOUSE FILE
BY PETTENGILL, SWAIM, BERRY,
KRESSIG, D. TAYLOR, MERTZ,
THOMAS, BUKTA, WHITAKER,
SCHUELLER, and GASKILL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act restricting the exhibition or dissemination of certain
2 sexual devices to minors and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5145HH 81
5 eg/je/5
PAG LIN
1 1 Section 1. Section 272.2, subsection 14, paragraph b,
1 2 subparagraph (1), subparagraph subdivision (d), Code 2005, is
1 3 amended to read as follows:
1 4 (d) Dissemination and exhibition of obscene material or
1 5 sexual devices to minors under section 728.2.
1 6 Sec. 2. Section 692A.1, subsection 5, paragraph j, Code
1 7 Supplement 2005, is amended to read as follows:
1 8 j. Dissemination and exhibition of obscene material or
1 9 sexual devices to minors in violation of section 728.2.
1 10 Sec. 3. Section 728.2, Code 2005, is amended to read as
1 11 follows:
1 12 728.2 DISSEMINATION AND EXHIBITION OF OBSCENE MATERIAL OR
1 13 SEXUAL DEVICES TO MINORS.
1 14 Any person, other than the parent or guardian of the minor,
1 15 who knowingly disseminates or exhibits obscene material or a
1 16 sexual device to a minor, including the exhibition of obscene
1 17 material or a sexual device so that it can be observed by a
1 18 minor on or off the premises where it is displayed, is guilty
1 19 of a public offense and shall upon conviction be guilty of a
1 20 serious misdemeanor. A sexual device is any three=dimensional
1 21 item designed or marketed as useful primarily for the
1 22 stimulation of human genital organs.
1 23 Sec. 4. Section 728.9, Code 2005, is amended to read as
1 24 follows:
1 25 728.9 EVIDENCE CONSIDERED.
1 26 At a trial for violation of section 728.2 or 728.3 the
1 27 court may consider the obscene material or sexual device, and
1 28 receive into evidence in addition to other competent evidence,
1 29 the offered testimony of experts pertaining to:
1 30 1. The artistic, literary, political, or scientific value,
1 31 if any, of the challenged material or device.
1 32 2. The degree of public acceptance within the community of
1 33 the material or device or material or device of similar
1 34 character.
1 35 3. The intent of the author, artist, producer, publisher,
2 1 or manufacturer in creating the material or device.
2 2 4. The advertising promotion and other circumstances
2 3 relating to the sale of the material or device.
2 4 EXPLANATION
2 5 This bill prohibits any person, other than a parent or
2 6 guardian, from allowing a minor to view or from disseminating,
2 7 i.e., giving or selling, to a minor certain sexual devices
2 8 designed for sexual stimulation. A person who violates this
2 9 prohibition is guilty of a serious misdemeanor. A serious
2 10 misdemeanor is punishable by confinement for no more than one
2 11 year or a fine of at least $250 but not more than $1,500 or by
2 12 both. Under Code section 728.8, a person who knowingly
2 13 permits a violation at the person's place of business shall
2 14 have all permits and licenses needed for doing business
2 15 revoked for six months.
2 16 A person who violates Code section 728.2 by disseminating
2 17 or exhibiting a sexual device to a minor is disqualified
2 18 pursuant to Code section 272.2 from having a teacher's or an
2 19 administrator's license. Also, a person who violates Code
2 20 section 728.2 for displaying a sexual device to a minor
2 21 commits a criminal offense against a minor and must register
2 22 as a sex offender under Code chapter 692A.
2 23 The bill provides that at a trial for violation of Code
2 24 section 728.2, the court may consider certain evidence with
2 25 regard to the sexual device, e.g., the advertising promotion
2 26 relating to the device.
2 27 LSB 5145HH 81
2 28 eg:rj/je/5.1