House File 443 - Introduced HOUSE FILE BY MASCHER and SWAIM Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to access to obscene materials and child in need 2 of assistance proceedings and child abuse reporting. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2003YH 83 5 jp/rj/8 PAG LIN 1 1 Section 1. Section 232.2, subsection 6, Code 2009, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. r. Whose parent, guardian, or other 1 4 custodian allows the child access to obscene material as 1 5 defined in section 728.1, or such material has been 1 6 disseminated or exhibited to the child by the parent, 1 7 guardian, other custodian, or person responsible for the care 1 8 of the child as defined in section 232.68. 1 9 Sec. 2. Section 232.68, subsection 2, Code 2009, is 1 10 amended by adding the following new paragraph: 1 11 NEW PARAGRAPH. j. The person responsible for the care of 1 12 a child or any other adult in contact with the child has 1 13 directly or indirectly allowed the child access to obscene 1 14 material as defined in section 728.1, or has disseminated or 1 15 exhibited such material to the child. 1 16 EXPLANATION 1 17 This bill relates to obscene material in child in need of 1 18 assistance proceedings and child abuse cases. 1 19 The bill modifies the definition of "child in need of 1 20 assistance" to include situations where a parent, guardian, or 1 21 other custodian, allows the child access to obscene material 1 22 as defined in Code section 728.1, or such material has been 1 23 disseminated or exhibited to the child by the parent, 1 24 guardian, other custodian, or person responsible for the care 1 25 of the child. By modifying the definition of child in need of 1 26 assistance to include such situations, a child who is 1 27 adjudicated a child in need of assistance under Code section 1 28 232.96 is subject to the least restrictive dispositional order 1 29 pursuant to Code sections 232.100 through 232.102. 1 30 The bill also modifies the term of "child abuse" to include 1 31 situations where a person responsible for the care of the 1 32 child or any other adult in contact with the child allows the 1 33 child direct or indirect access to obscene material or 1 34 disseminates or exhibits such material to the child. By 1 35 modifying the definition of "child abuse" to include such 2 1 situations, a professional listed in Code section 232.69 is 2 2 required to report the child abuse. In addition a person who 2 3 commits child abuse by allowing direct or indirect access to 2 4 obscene material or disseminates or exhibits such material to 2 5 the child, may be subject to the child abuse registry 2 6 provisions. 2 7 Under Code section 728.2, disseminating or exhibiting 2 8 obscene material to a person under age 18 is a serious 2 9 misdemeanor criminal offense. Code chapter 728 includes other 2 10 offenses involving a child's access to obscene materials. 2 11 LSB 2003YH 83 2 12 jp/rj/8