Senate Study Bill 1144 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the dissemination and exhibition of obscene 1 material to a minor by the parent or guardian of the minor, 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2169XC (1) 88 as/rh

S.F. _____ 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 1. Any person, other than the parent or guardian of the 5 minor not subject to subsection 2 , who knowingly disseminates 6 or exhibits obscene material to a minor, including the 7 exhibition of obscene material so that it can be observed by a 8 minor on or off the premises where it is displayed, is guilty 9 of a public offense and shall upon conviction be guilty of a 10 serious misdemeanor. 11 2. Any parent or guardian who has been convicted of or 12 adjudicated delinquent for any sex offense committed against 13 a minor classified as a tier I, tier II, or tier III offense 14 under chapter 692A requiring registration as a sex offender, or 15 who is required to register in another jurisdiction under the 16 other jurisdiction’s sex offender registry for a sex offense 17 committed against a minor, is subject to conviction for a 18 violation of subsection 1. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the dissemination and exhibition of 23 obscene material to a minor by the parent or guardian of the 24 minor, and provides penalties. 25 The bill provides that any parent or guardian who has 26 been convicted of or adjudicated delinquent for any sex 27 offense committed against a minor classified as a tier I, 28 tier II, or tier III offense requiring registration as a sex 29 offender under Code chapter 692A (sex offender registry), or 30 who is required to register in another jurisdiction under 31 the other jurisdiction’s sex offender registry for a sex 32 offense committed against a minor, is subject to conviction 33 for knowingly disseminating or exhibiting obscene material 34 to their minor child or ward under Code section 728.2, a 35 -1- LSB 2169XC (1) 88 as/rh 1/ 2

S.F. _____ serious misdemeanor. A serious misdemeanor is punishable by 1 confinement for no more than one year and a fine of at least 2 $315 but not more than $1,875. Current law exempts parents 3 and guardians from prosecution for knowingly disseminating or 4 exhibiting obscene material to their minor child or ward. 5 A violation of Code section 728.2 is a tier I sex offense 6 under Code section 692A.102 requiring registration as a sex 7 offender. A person who commits a violation of Code section 8 728.2 is also subject to license suspension or revocation 9 provisions under Code sections 272.2(14) (education) and 728.8 10 (business). 11 -2- LSB 2169XC (1) 88 as/rh 2/ 2