House
File
306
-
Introduced
HOUSE
FILE
306
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
64)
A
BILL
FOR
An
Act
relating
to
the
dissemination
and
exhibition
of
obscene
1
material
to
minors
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
306
Section
1.
Section
728.2,
Code
2025,
is
amended
to
read
as
1
follows:
2
728.2
Dissemination
and
exhibition
of
obscene
material
to
3
minors.
4
Any
person,
other
than
the
parent
or
guardian
of
the
minor,
5
who
knowingly
disseminates
or
exhibits
obscene
material
to
a
6
minor,
including
the
exhibition
of
obscene
material
so
that
7
it
can
be
observed
by
a
minor
on
or
off
the
premises
where
it
8
is
displayed,
is
guilty
of
a
public
offense
and
shall
upon
9
conviction
be
guilty
of
a
serious
misdemeanor.
as
follows:
10
1.
For
a
first
offense,
a
serious
misdemeanor.
11
2.
For
a
second
offense,
an
aggravated
misdemeanor
with
a
12
mandatory
minimum
term
of
confinement
of
one
year.
No
portion
13
of
the
mandatory
minimum
term
of
confinement
imposed
by
this
14
subsection
shall
be
deferred
or
suspended.
15
3.
For
a
third
or
subsequent
offense,
a
class
“D”
felony
16
with
a
mandatory
minimum
term
of
confinement
of
three
years.
17
No
portion
of
the
mandatory
minimum
term
of
confinement
imposed
18
by
this
subsection
shall
be
deferred
or
suspended.
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
minors.
24
Current
law
provides
that
any
person,
other
than
the
parent
25
or
guardian
of
the
minor,
who
knowingly
disseminates
or
26
exhibits
obscene
material,
including
the
exhibition
of
obscene
27
material
so
that
it
can
be
observed
by
a
minor
on
or
off
the
28
premises
where
it
is
displayed,
commits
a
serious
misdemeanor.
29
The
bill
maintains
a
serious
misdemeanor
for
a
first
offense.
30
A
second
offense
is
an
aggravated
misdemeanor
with
a
mandatory
31
minimum
term
of
confinement
of
one
year.
A
third
or
subsequent
32
offense
is
a
class
“D”
felony
with
a
mandatory
minimum
term
33
of
confinement
of
three
years.
No
portion
of
the
mandatory
34
minimum
sentence
may
be
deferred
or
suspended.
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H.F.
306
A
serious
misdemeanor
is
punishable
by
confinement
for
no
1
more
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
2
$2,560.
An
aggravated
misdemeanor
is
punishable
by
confinement
3
for
no
more
than
two
years
and
a
fine
of
at
least
$855
but
4
not
more
than
$8,540.
A
class
“D”
felony
is
punishable
by
5
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
6
$1,025
but
not
more
than
$10,245.
7
A
violation
of
Code
section
728.2
is
a
tier
I
sex
offense
and
8
a
person
convicted
of
the
offense
is
required
to
register
as
a
9
sex
offender
for
a
period
of
10
years.
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