House File 2261 - Introduced HOUSE FILE 2261 BY JACOBSEN A BILL FOR An Act relating to a minor’s ability to access obscene 1 material on a distributor’s internet site or internet-based 2 application, and providing civil penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6054YH (2) 89 es/rh

H.F. 2261 Section 1. NEW SECTION . 235G.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Disseminate” means the same as defined in section 728.1. 4 2. “Distributor” means a person in this state who owns or 5 operates an internet site or internet-based application. 6 3. “Minor” means a person under the age of eighteen. 7 4. “Obscene material” means the same as defined in section 8 728.1. 9 5. “Personal identification information” means an unexpired 10 student identification card, a valid social security card, 11 an unexpired driver’s license, an unexpired nonoperator’s 12 identification card, an unexpired passport, a certified copy 13 of a birth certificate, or other valid, unexpired proof of 14 identity. 15 Sec. 2. NEW SECTION . 235G.2 Restriction on minor access to 16 internet sites and internet-based applications. 17 A distributor shall not knowingly allow a minor to access the 18 distributor’s internet site or internet-based application if 19 the distributor’s internet site or internet-based application 20 contains obscene material. 21 Sec. 3. NEW SECTION . 235G.3 Civil remedy —— attorney fees. 22 1. Any person may institute a civil action for damages for a 23 violation of section 235G.2. The damages shall be five hundred 24 dollars for each violation of section 235G.2. 25 2. A court shall award a prevailing party in an action under 26 this section court costs and reasonable attorney fees. 27 Sec. 4. NEW SECTION . 235G.4 Affirmative defense. 28 1. It is an affirmative defense to any claim or action under 29 section 235G.3 that the distributor required an individual 30 accessing its internet site or internet-based application to 31 provide to the distributor personal identification information 32 verifying the individual was age eighteen or older when 33 the individual accessed the internet site or internet-based 34 application. 35 -1- LSB 6054YH (2) 89 es/rh 1/ 3

H.F. 2261 2. It shall not be an affirmative defense to any claim 1 or action under section 235G.3 that a minor accessed the 2 distributor’s internet site or internet-based application 3 from an accredited school, public library, community college, 4 college, or university. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to a minor’s ability to access obscene 9 material. 10 The bill provides that if a distributor’s internet site 11 or internet-based application contains obscene material, the 12 distributor shall not knowingly allow a minor to access the 13 internet site or internet-based application. Any person may 14 institute a civil action for damages under this provision. 15 The bill provides that the damages for a violation of this 16 provision shall be $500 for each violation, and the prevailing 17 party in the action shall recover court costs and reasonable 18 attorney fees. 19 The bill also provides an affirmative defense to any claim or 20 action under the bill that a distributor required an individual 21 accessing its internet site or internet-based application to 22 provide to the distributor personal identification information 23 verifying the individual was 18 years of age or older when 24 the individual accessed the internet site or internet-based 25 application. The bill provides that it shall not be an 26 affirmative defense to any claim or action under the bill 27 that a minor accessed the distributor’s internet site or 28 internet-based application from an accredited school, public 29 library, community college, college, or university. 30 The bill provides definitions as follows: “disseminate” 31 means to transfer possession, with or without consideration; 32 “distributor” means a person in this state who owns or operates 33 an internet site or internet-based application; “minor” means 34 a person under the age of 18; “obscene material” means any 35 -2- LSB 6054YH (2) 89 es/rh 2/ 3

H.F. 2261 material depicting or describing the genitals, sex acts, 1 masturbation, excretory functions, or sadomasochistic abuse 2 which the average person, taking the material as a whole and 3 applying contemporary community standards with respect to what 4 is suitable material for minors, would find appeals to the 5 prurient interest and is patently offensive, and the material, 6 taken as a whole, lacks serious literary, scientific, political 7 or artistic value; and “personal identification information” 8 means an unexpired student identification card, a valid social 9 security card, an unexpired driver’s license, an unexpired 10 nonoperator’s identification card, an unexpired passport, 11 a certified copy of a birth certificate, or other valid, 12 unexpired proof of identity. 13 -3- LSB 6054YH (2) 89 es/rh 3/ 3