Senate
File
45
-
Introduced
SENATE
FILE
45
BY
KINNEY
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
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Section
1.
Section
728.2,
Code
2021,
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.
A
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
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45
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).
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