S.F. 460 Section 1. Section 728.2, Code 2019, is amended to read as 1 follows: 2 728.2 Dissemination and exhibition of obscene material to 3 minors. 4 Any person , other than the parent or guardian of the minor, 5 who knowingly disseminates or exhibits obscene material to a 6 minor, including the exhibition of obscene material so that 7 it can be observed by a minor on or off the premises where it 8 is displayed, is guilty of a public offense and shall upon 9 conviction be guilty of a serious misdemeanor. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to the dissemination and exhibition of 14 obscene material to a minor by the parent or guardian of the 15 minor, and provides penalties. 16 The bill provides that any person who knowingly disseminates 17 or exhibits obscene material to a minor, including the 18 exhibition of obscene material so that it can be observed by a 19 minor on or off the premises where it is displayed, is guilty 20 of a public offense and shall upon conviction be guilty of a 21 serious misdemeanor. A serious misdemeanor is punishable by 22 confinement for no more than one year and a fine of at least 23 $315 but not more than $1,875. Current law exempts parents 24 and guardians from prosecution for knowingly disseminating or 25 exhibiting obscene material to their minor child or ward. 26 A violation of Code section 728.2 is a tier I sex offense 27 under Code section 692A.102 requiring registration as a sex 28 offender. A person who commits a violation of Code section 29 728.2 is also subject to license suspension or revocation 30 provisions under Code sections 272.2(14) (education) and 728.8 31 (business). 32 -1- LSB 2169SV (3) 88 as/rh 1/ 1