House File 826 - Introduced HOUSE FILE 826 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 81) A BILL FOR An Act relating to obscene materials involving minors, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1513HV (2) 91 as/js

H.F. 826 Section 1. Section 692A.102, subsection 1, paragraph 1 a, subparagraph (10), Code 2025, is amended by adding the 2 following new subparagraph division: 3 NEW SUBPARAGRAPH DIVISION . (c) Production, distribution, 4 receipt, or possession of, or attempt to produce, distribute, 5 receive, or possess, obscene material involving a minor, in 6 violation of section 728.13. 7 Sec. 2. Section 728.1, Code 2025, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 5A. “Obscene material involving a minor” 10 means any visual depiction that is all of the following: 11 a. A depiction or apparent depiction of a minor engaging in 12 a prohibited sexual act, as defined in section 728.1. 13 b. Appealing to the prurient interest as would be found by 14 the average person, taking the visual depiction as a whole and 15 applying contemporary adult community standards. 16 c. Patently offensive as would be found by the average 17 person, taking the visual depiction as a whole and applying 18 contemporary adult community standards. 19 d. Lacking of serious literary, scientific, political, or 20 artistic value when taken as a whole. 21 Sec. 3. NEW SECTION . 728.13 Production or distribution of 22 obscene material involving a minor. 23 1. A person shall not knowingly produce, distribute, 24 receive, or possess with the intent to distribute, or attempt 25 to produce, distribute, receive, or possess with the intent to 26 distribute, any obscene material involving a minor. 27 2. A person who violates this section commits an aggravated 28 misdemeanor for a first offense and a class “D” felony for a 29 second or subsequent offense. For purposes of this section, 30 an offense is considered a second or subsequent offense if, 31 prior to the person’s having been convicted under this section, 32 the person has a prior conviction or deferred judgment for a 33 violation of this section, section 728.2, 728.3, 728.12, or 34 728.15, any provision under chapter 709 involving a minor, 35 -1- LSB 1513HV (2) 91 as/js 1/ 3

H.F. 826 or any sex offense against a minor that requires a person to 1 register as a sex offender under chapter 692A, or a prior 2 conviction or deferred judgment in another jurisdiction for 3 a substantially similar offense. The court shall judicially 4 notice the statutes of other states that define offenses 5 substantially similar to the offense defined in this section 6 and that therefore can be considered corresponding statutes. 7 3. This section does not require that the minor depicted 8 actually exists. 9 4. This section shall not apply to any bona fide law 10 enforcement or judicial activity, or to any material used 11 for educational purposes in any accredited school or public 12 library, or in any educational program. 13 5. This section shall not be construed to impose civil or 14 criminal liability on an internet service provider. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to obscene materials involving minors. 19 The bill defines “obscene material involving a minor” as 20 any visual depiction that depicts or appears to depict a 21 minor engaging in a prohibited sexual act that the average 22 person, taking the visual depiction as a whole and applying 23 contemporary adult community standards, would find appeals 24 to the prurient interest and is patently offensive, and, 25 when taken as a whole, lacks serious literary, scientific, 26 political, or artistic value. 27 The bill prohibits a person from knowingly producing, 28 distributing, receiving, or possessing with the intent 29 to distribute any obscene material involving a minor, 30 or attempting any such conduct. A person who commits a 31 violation of the bill commits an aggravated misdemeanor 32 for a first offense and a class “D” felony for a second or 33 subsequent offense. An aggravated misdemeanor is punishable 34 by confinement for no more than two years and a fine of at 35 -2- LSB 1513HV (2) 91 as/js 2/ 3

H.F. 826 least $855 but not more than $8,540. A class “D” felony is 1 punishable by confinement for no more than five years and a 2 fine of at least $1,025 but not more than $10,245. The bill 3 provides that a person convicted of production, distribution, 4 receipt, or possession of obscene materials involving minors, 5 or attempting any such conduct, must register as a tier I sex 6 offender. 7 The bill does not require that the minor depicted actually 8 exists. 9 The bill does not apply to any bona fide law enforcement 10 or judicial activity, or to any material used for educational 11 purposes in any accredited school or any public library, or in 12 any educational program. 13 The bill does not impose civil or criminal liability on an 14 internet service provider. 15 -3- LSB 1513HV (2) 91 as/js 3/ 3