House File 891 - Introduced HOUSE FILE 891 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 158) A BILL FOR An Act relating to obscenity, including the exposure of a minor 1 to an obscene performance and admittance of a minor to a 2 premises with obscene performances, establishing a private 3 civil cause of action, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1371HV (3) 91 as/js

H.F. 891 Section 1. Section 721.2, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9. Violates the provisions of section 3 728.7A. 4 Sec. 2. Section 728.1, Code 2025, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 5A. “Obscene performance” means a visual 7 performance by a person, whether compensated or uncompensated, 8 that exposes the person’s genitals, pubic area, buttocks, or 9 female breast, including prosthetics and artificial sexual 10 organs or substitutes therefor, or involves the person 11 engaging in a sex act, masturbation, excretory function, or 12 sadomasochistic abuse, which the average person, viewing the 13 performance as a whole and applying contemporary community 14 standards with respect to what is suitable to be viewed by 15 minors, would find appeals to the prurient interest and is 16 patently offensive, and the performance taken as a whole lacks 17 serious artistic, literary, political, or scientific value. 18 Sec. 3. NEW SECTION . 728.1A Enforcement. 19 The office of attorney general, as authorized by section 20 13.2, subsection 1, paragraph “b” , or the county attorney of 21 the county in which a violation of this chapter occurs shall 22 enforce the provisions of this chapter. 23 Sec. 4. NEW SECTION . 728.2A Exposing minor to obscene 24 performance. 25 Any person who knowingly exposes a minor to an obscene 26 performance is guilty of a public offense and shall upon 27 conviction be guilty of an aggravated misdemeanor. 28 Sec. 5. NEW SECTION . 728.3A Admitting minors to premises 29 with obscene performances. 30 1. A person who knowingly sells, gives, delivers, or 31 provides a minor who is not a child a pass or admits the minor 32 to premises where an obscene performance is performed is guilty 33 of a public offense and upon conviction is guilty of a serious 34 misdemeanor. 35 -1- LSB 1371HV (3) 91 as/js 1/ 6

H.F. 891 2. A person who knowingly sells, gives, delivers, or 1 provides a child a pass or admits the minor to premises 2 where an obscene performance is performed is guilty of a 3 public offense and upon conviction is guilty of an aggravated 4 misdemeanor. 5 Sec. 6. Section 728.6, Code 2025, is amended to read as 6 follows: 7 728.6 Civil suit to determine obscenity. 8 1. Whenever the county attorney of any county has reasonable 9 cause to believe that any person is engaged or plans to engage 10 in the dissemination or exhibition of obscene material to 11 minors within the county attorney’s county , to minors the 12 county attorney may institute a civil proceeding in the 13 district court of the county to enjoin the dissemination or 14 exhibition of obscene material to minors. Such application 15 for injunction is optional and not mandatory and shall not 16 be construed as a prerequisite to criminal prosecution for a 17 violation of this chapter . 18 2. a. The parent or guardian of a minor, or a minor upon 19 attaining eighteen years of age, to whom obscene material 20 has been knowingly disseminated or exhibited, in violation 21 of section 728.2 or 728.3, or who was exposed to an obscene 22 performance, in violation of section 728.2A or 728.3A, may 23 bring a civil action against any person that has knowingly 24 disseminated or exhibited obscene material to the minor or who 25 engaged in or caused or allowed a person to knowingly engage in 26 an obscene performance in the presence of the minor for any of 27 the following remedies: 28 (1) A declaratory judgment. 29 (2) Injunctive relief. 30 (3) Actual, incidental, and consequential damages. 31 (4) Punitive damages, if appropriate. 32 (5) Other equitable relief that the court deems 33 appropriate. 34 b. The minimum award of damages in an action brought 35 -2- LSB 1371HV (3) 91 as/js 2/ 6

H.F. 891 pursuant to this subsection shall be ten thousand dollars. 1 c. An action brought under this subsection may be commenced 2 by a parent or guardian within two years of a violation. An 3 action for a violation brought by a person who was a minor at 4 the time of a violation shall be found within ten years after 5 the person upon whom the offense is committed attains eighteen 6 years of age. 7 Sec. 7. NEW SECTION . 728.7A Public institutions and funds 8 —— obscene material —— obscene performance. 9 1. No public institution, public facility, public 10 equipment, or other physical asset that is owned, leased, or 11 controlled by this state or a political subdivision of this 12 state shall be used for a show, exhibition, or performance that 13 includes obscene material or obscene performances. 14 2. No public institution or facility shall lease, sell, or 15 permit the subleasing of its facilities or property for the 16 purpose of shows, exhibitions, or performances that include 17 obscene material or obscene performances. 18 3. No public funds made available by the state or a 19 political subdivision of this state that are distributed by an 20 institution, board, commission, department, agency, official, 21 or an employee of the state or political subdivision shall be 22 used for the purpose of shows, exhibitions, or performances 23 that include obscene material or obscene performances. 24 4. This section shall not apply to obscene materials that 25 are sent or received as part of a law enforcement investigation 26 or are authorized by law to be sent or received. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to obscenity, including the exposure of a 31 minor to an obscene performance and admittance of a minor to a 32 premises with obscene performances, and establishes a private 33 civil cause of action. 34 The bill defines “obscene performance” as a visual 35 -3- LSB 1371HV (3) 91 as/js 3/ 6

H.F. 891 performance by a person, whether compensated or uncompensated, 1 that exposes the person’s genitals, pubic area, buttocks, or 2 female breast, including prosthetics and artificial sexual 3 organs or substitutes therefor, or involves the person 4 engaging in a sex act, masturbation, excretory function, or 5 sadomasochistic abuse, which the average person, viewing the 6 performance as a whole and applying contemporary community 7 standards with respect to what is suitable to be viewed by 8 minors, would find appeals to the prurient interest and is 9 patently offensive, and the performance taken as a whole lacks 10 serious artistic, literary, political, or scientific value. 11 The bill provides that the office of attorney general or the 12 county attorney of the county in which a violation occurs shall 13 enforce the provisions of Code chapter 728 (obscenity). 14 The bill provides that any person who knowingly exposes 15 a minor to an obscene performance is guilty of a public 16 offense and shall upon conviction be guilty of an aggravated 17 misdemeanor. An aggravated misdemeanor is punishable by 18 confinement for no more than two years and a fine of at least 19 $855 but not more than $8,540. 20 The bill provides that a person who knowingly sells, gives, 21 delivers, or provides a minor who is not a child a pass or 22 admits the minor to premises where an obscene performance 23 is performed is guilty of a serious misdemeanor. A serious 24 misdemeanor is punishable by confinement for no more than one 25 year and a fine of at least $430 but not more than $2,560. 26 A person who knowingly sells, gives, delivers, or provides 27 a child a pass or admits the minor to premises where an 28 obscene performance is performed is guilty of an aggravated 29 misdemeanor. A minor is a person under 18 years of age, and a 30 child is a person under 14 years of age. 31 The bill establishes a private civil cause of action for 32 a parent or guardian of a minor, or a minor upon reaching 33 18 years of age, to whom obscene material has been knowingly 34 disseminated or exhibited, or who was exposed to an obscene 35 -4- LSB 1371HV (3) 91 as/js 4/ 6

H.F. 891 performance. A cause of action may be brought against any 1 person that has knowingly disseminated or exhibited obscene 2 material to the minor or who engaged in or caused or allowed 3 a person to knowingly engage in an obscene performance in the 4 presence of the minor for any of the following remedies: a 5 declaratory judgment; injunctive relief; actual, incidental, 6 and consequential damages; punitive damages, if appropriate; 7 and any other equitable relief that the court deems 8 appropriate. The minimum award of damages shall be $10,000. 9 An action may be commenced by a parent or guardian within two 10 years of a violation. An action for a violation brought by a 11 person who was a minor at the time of the violation shall be 12 found within 10 years after the person upon whom the offense is 13 committed attains 18 years of age. 14 The bill provides that no public institution, public 15 facility, public equipment, or other physical asset that is 16 owned, leased, or controlled by this state or a political 17 subdivision of this state shall be used for a show, exhibition, 18 or performance that includes obscene material or obscene 19 performances. No public institution or facility shall lease, 20 sell, or permit the subleasing of its facilities or property 21 for the purpose of shows, exhibitions, or performances that 22 include obscene material or obscene performances. No public 23 funds made available by the state or a political subdivision 24 of this state that are distributed by an institution, board, 25 commission, department, agency, official, or an employee of the 26 state or political subdivision shall be used for the purpose 27 of shows, exhibitions, or performances that include obscene 28 material or obscene performances. The bill does not apply to 29 obscene materials that are sent or received as part of a law 30 enforcement investigation or are authorized by law to be sent 31 or received. 32 The bill provides that any public officer or employee, or 33 any person acting under color of such office or employment, who 34 knowingly allows a public institution or funds to be used for 35 -5- LSB 1371HV (3) 91 as/js 5/ 6

H.F. 891 the purpose of shows, exhibitions, or performances that include 1 obscene material or obscene performances commits a serious 2 misdemeanor. 3 -6- LSB 1371HV (3) 91 as/js 6/ 6