HF 2176 (LSB 5138YH (11) 89)

HOUSE FILE 2176

BY  SALMON, SHIPLEY, OSMUNDSON, CISNEROS, JACOBSEN, STONE, WESTRICH, BRADLEY, JENEARY, GUSTAFSON, GRABER, BAXTER, DOLECHECK, and BUSH

A BILL FOR

An Act relating to obscene material disseminated to a minor by a public or private elementary or secondary school or library, or a public library, creating a civil cause of action, providing criminal penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  728.2A  Dissemination of obscene material to minors by a public or private elementary or secondary school or library or public library.
   1.  A person affiliated with a public or private elementary or secondary school or library, or public library in an official capacity, or a person affiliated with an entity that provides products or services to such schools or libraries in this state, who knowingly disseminates to any minor any material the person knows, or reasonably should know, is obscene or harmful to minors, is guilty of an aggravated misdemeanor for a first offense and a class “D” felony if the person has previously been convicted of a violation of this section.
   2.  Each day on which a violation under subsection 1 occurs or continues shall constitute a separate offense.
    Sec. 2.  Section 728.6, Code 2022, is amended to read as follows:
   728.6  Civil suit to determine obscenity.
   1.  Whenever the county attorney of any county has reasonable cause to believe that any person is engaged or plans to engage in the dissemination or exhibition of obscene material within the county attorney’s county to minors the county attorney may institute a civil proceeding in the district court of the county to enjoin the dissemination or exhibition of obscene material to minors. Such application for injunction is optional and not mandatory and shall not be construed as a prerequisite to criminal prosecution for a violation of this chapter.
   2.  a.  A parent or guardian of a student enrolled in a public or private elementary or secondary school, or a parent or guardian of a child patronizing a public library, whose student or child receives obscene material in violation of section 728.2A may bring a civil action against any public or private elementary or secondary school or library, public library, affiliated entity, or any other party that has engaged in or caused a person to engage in conduct that violates section 728.2A for any of the following remedies:
   (1)  A declaratory judgment.
   (2)  Injunctive relief.
   (3)  Actual, incidental, and consequential damages.
   (4)  Punitive damages, if appropriate.
   (5)  Other equitable relief which the court deems appropriate. 
   b.  The minimum award of damages in an action brought pursuant to this subsection shall be ten thousand dollars and the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees and expert witness fees.
   3.  It is not a defense to an action brought under this section that the materials disseminated are labeled as curriculum, approved for an educational use, or otherwise described to be for educational purposes.
    Sec. 3.  Section 728.7, Code 2022, is amended to read as follows:
   728.7  Exemptions for public libraries and educational institutions college and university libraries and programs.
   Nothing in this chapter prohibits the use of appropriate material for educational purposes in any accredited school college or university, or any public accredited college or university library, or in any educational accredited college or university program in which the minor is participating. Nothing in this chapter prohibits the attendance of minors at an exhibition or display of art works or the use of any materials in any public library at any accredited college or university library or program.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to obscene material disseminated to a minor by a public or private elementary or secondary school or library, or a public library, creates a civil cause of action, provides criminal penalties, and includes an effective date.
   The bill provides that a person affiliated with a public or private elementary or secondary school or library, or public library in an official capacity, or a person affiliated with an entity that provides products or services to such schools or libraries in this state, who knowingly disseminates to any minor any material the person knows, or reasonably should know, is obscene or harmful to minors is guilty of an aggravated misdemeanor for a first offense and a class “D” felony if the person has previously been convicted of a violation of the bill. Each day on which a violation occurs or continues shall constitute a separate offense. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. 
   The bill provides that a parent or guardian of a student enrolled in a public or private elementary or secondary school, or a parent or guardian of a child patronizing a public library, whose student or child receives obscene material in violation of the bill, may bring a civil action against any public or private elementary or secondary school or library, public library, affiliated entity, or any other party that has engaged in or caused a person to engage in conduct that violates this section, for any of the following remedies: a declaratory judgment; injunctive relief; actual, incidental, and consequential damages; punitive damages, if appropriate; and other equitable relief which the court deems appropriate. The minimum award of damages in an action brought pursuant to the bill shall be $10,000, and the prevailing party shall be awarded all costs of litigation including reasonable attorney fees and expert witness fees. 
   The bill provides that it is not a defense to an action brought under the bill that the materials disseminated are labeled as curriculum, approved for an educational use, or otherwise described to be for educational purposes.
   Current law provides that Code chapter 728 (obscenity) does not prohibit the use of appropriate material for educational purposes in any accredited school, or any public library, or in any educational program in which a minor is participating, and does not prohibit the attendance of minors at an exhibition or display of art works or the use of any materials in any public library. The bill amends current law to provide that Code chapter 728 does not prohibit the use of appropriate material for educational purposes in any accredited college or university, any accredited college or university library, or in any accredited college or university program, and does not prohibit the attendance of minors at an exhibition or display of art works at any accredited college or university library or program.
   The bill takes effect upon enactment.