House File 274 - Introduced HOUSE FILE 274 BY SALMON A BILL FOR An Act relating to obscene material disseminated to a minor 1 by a public or private elementary or secondary school 2 or library, or a public library, creating a civil cause 3 of action, providing criminal penalties, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1157YH (3) 89 as/rh

H.F. 274 Section 1. NEW SECTION . 728.2A Dissemination by a public 1 or private elementary or secondary school or library, or public 2 library, of obscene material to minors. 3 1. a. A person affiliated with a public or private 4 elementary or secondary school or library, or public library 5 in an official capacity, or a person affiliated with an 6 entity that provides products or services to such schools or 7 libraries in this state, who knowingly disseminates to any 8 minor any material the person knows, or reasonably should know, 9 is obscene or harmful to minors, is guilty of an aggravated 10 misdemeanor for a first offense and a class “D” felony if the 11 person has previously been convicted of a violation of this 12 section. 13 b. Each day on which a violation under paragraph “a” occurs 14 or continues shall constitute a separate offense and shall be 15 punished as a separate violation. 16 2. a. A parent or guardian of a student enrolled in a 17 public or private elementary or secondary school, or of a 18 child patronizing a public library, injured as a result of 19 a violation of this section may bring a civil action in the 20 district court in which the violation occurred against any 21 public or private elementary or secondary school or library, 22 or public library, affiliated entity, or any other party that 23 has engaged in or caused a person to engage in conduct that 24 violates this section, for any of the following remedies: 25 (1) A declaratory judgment. 26 (2) Injunctive relief. 27 (3) Actual, incidental, and consequential damages. 28 (4) Punitive damages, if appropriate. 29 (5) Other equitable relief which the court deems 30 appropriate. 31 b. The prevailing party in an action under this subsection 32 shall be awarded all costs of such litigation including 33 reasonable attorney fees and expert witness fees. 34 3. It is not a defense to liability under this section 35 -1- LSB 1157YH (3) 89 as/rh 1/ 4

H.F. 274 that the materials disseminated are labeled as curriculum, 1 approved for an educational use, or otherwise described to be 2 for educational, scientific, or artistic purposes. 3 Sec. 2. Section 728.7, Code 2021, is amended to read as 4 follows: 5 728.7 Exemptions for public libraries and educational 6 institutions college and university libraries and programs . 7 Nothing in this chapter prohibits the use of appropriate 8 material for educational purposes in any accredited school 9 college or university , or any public accredited college or 10 university library, or in any educational accredited college 11 or university program in which the minor is participating . 12 Nothing in this chapter prohibits the attendance of minors 13 at an exhibition or display of art works or the use of any 14 materials in any public library at any accredited college or 15 university library or program . 16 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 17 importance, takes effect upon enactment. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to obscene material disseminated to a 22 minor by a public or private elementary or secondary school or 23 library, or a public library, creates a civil cause of action, 24 provides criminal penalties, and includes an effective date. 25 Current law provides that nothing in Code chapter 728 26 (obscenity) prohibits the use of appropriate material for 27 educational purposes in any accredited school, or any public 28 library, or in any educational program in which a minor is 29 participating, and nothing prohibits the attendance of minors 30 at an exhibition or display of art works or the use of any 31 materials in any public library. 32 The bill amends current law to provide that nothing in Code 33 chapter 728 prohibits the use of appropriate material for 34 educational purposes in any accredited college or university, 35 -2- LSB 1157YH (3) 89 as/rh 2/ 4

H.F. 274 any accredited college or university library, or in any 1 accredited college or university program, and nothing prohibits 2 the attendance of minors at an exhibition or display of art 3 works at any accredited college or university library or 4 program. 5 The bill provides that a person affiliated with a public or 6 private elementary or secondary school or library, or public 7 library in an official capacity, or a person affiliated with 8 an entity that provides products or services to such schools 9 or libraries in this state, who knowingly disseminates to any 10 minor any material the person knows, or reasonably should know, 11 is obscene or harmful to minors is guilty of an aggravated 12 misdemeanor for a first offense and a class “D” felony if 13 the person has previously been convicted of a violation of 14 the bill. Each day on which a violation occurs or continues 15 shall constitute a separate offense and shall be punished as a 16 separate violation. 17 The bill provides that a parent or guardian of a student 18 enrolled in a public or private elementary or secondary school, 19 or of a child patronizing a public library, injured as a result 20 of a violation of the bill may bring a civil action in the 21 district court in which the violation occurred against any 22 public or private elementary or secondary school or library, 23 or public library, affiliated entity, or any other party that 24 has engaged in or caused a person to engage in conduct that 25 violates this section, for any of the following remedies: a 26 declaratory judgment; injunctive relief; actual, incidental, 27 and consequential damages; punitive damages, if appropriate; 28 and other equitable relief which the court deems appropriate. 29 The prevailing party in an action under the bill shall be 30 awarded all costs of litigation including reasonable attorney 31 fees and expert witness fees. 32 The bill provides that it is not a defense to liability 33 that the materials disseminated are labeled as curriculum, 34 approved for an educational use, or otherwise described to be 35 -3- LSB 1157YH (3) 89 as/rh 3/ 4

H.F. 274 for educational, scientific, or artistic purposes. 1 An aggravated misdemeanor is punishable by confinement for 2 no more than two years and a fine of at least $855 but not more 3 than $8,540. A class “D” felony is punishable by confinement 4 for no more than five years and a fine of at least $1,025 but 5 not more than $10,245. 6 The bill takes effect upon enactment. 7 -4- LSB 1157YH (3) 89 as/rh 4/ 4