H.F. 2040 Section 1. REPEAL. Section 728.7, Code 2024, is repealed. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill repeals Code section 728.7, which relates to 5 obscenity exemptions for public libraries and educational 6 institutions. 7 Code section 728.7 currently provides that nothing in Code 8 chapter 728 (obscenity) prohibits the use of appropriate 9 material for educational purposes in any accredited school, any 10 public library, or in any educational program in which a minor 11 is participating. Code section 728.7 further provides that 12 Code chapter 728 does not prohibit the attendance of minors 13 at an exhibition or display of art works or the use of any 14 materials in any public library. 15 Code section 728.1 defines “obscene material”, which 16 includes material the average person, taking the material as 17 a whole and applying contemporary community standards with 18 respect to what is suitable material for minors, would find 19 appeals to the prurient interest and is patently offensive; 20 and the material, taken as a whole, lacks serious literary, 21 scientific, political, or artistic value. 22 -1- LSB 5233YH (3) 90 as/js 1/ 1