Senate File 2159 - Introduced SENATE FILE 2159 BY SALMON A BILL FOR An Act relating to materials used for prurient purposes, 1 including age verification requirements for certain 2 commercial entities, prohibitions on the publication, 3 distribution, creation, or development of prohibited 4 material, and prohibitions on child sexual exploitation 5 material, and providing civil penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5430XS (7) 91 dg/jh

S.F. 2159 DIVISION I 1 PROHIBITED MATERIALS ON THE INTERNET 2 Section 1. NEW SECTION . 554J.1 Definitions. 3 For purposes of this chapter: 4 1. “Child sexual abuse material” means the same as child 5 pornography as that term is defined in 18 U.S.C. §2256. 6 2. “Commercial entity” means any entity or natural person 7 that operates in whole or in part for the purpose of earning 8 pecuniary gain, whether or not such gain is actually realized. 9 3. “Creation or development” includes the use of algorithms 10 in a manner that a person knows allows, or is substantially 11 likely to allow, an individual using an internet site to access 12 prohibited material. 13 4. “Digitized identification card” means a data file 14 described by all of the following: 15 a. The data file contains all of the data elements 16 visible on the front and back of a state-issued license or 17 identification card and displays, including but not limited to 18 whether the license or identification card is currently valid. 19 b. The data file is available through the internet from a 20 state-approved source that allows a mobile device to download 21 the data file from a state agency or an authorized agent of a 22 state agency. 23 5. “Distribute” means to issue, sell, give, provide, 24 deliver, transfer, transmute, circulate, or disseminate by any 25 means. 26 6. “Information content provider” means a person 27 responsible, in whole or in part, for creating or developing 28 information provided through an interactive computer service. 29 7. “Interactive computer service” means the same as defined 30 in 47 U.S.C. §230. 31 8. “Knowingly and intentionally” means intentionally 32 engaging in conduct, including the use of algorithms, in a 33 manner that the actor knows will allow, or is substantially 34 likely to allow, an internet site user to access certain 35 -1- LSB 5430XS (7) 91 dg/jh 1/ 12

S.F. 2159 content. 1 9. “Material harmful to minors” means all of the following: 2 a. Material that the average person, applying contemporary 3 community standards, would find taking the material as a whole 4 and with respect to minors, is designed to appeal to, or is 5 designed to pander to the prurient interest. 6 b. Material that exploits, is devoted to, or principally 7 consists of descriptions of actual, simulated, or animated 8 display or depiction of any of the following, in a manner 9 patently offensive with respect to minors: 10 (1) Pubic hair, anus, vulva, genitals, or nipple of the 11 female breast. 12 (2) Touching, caressing, or fondling of nipples, breasts, 13 buttocks, anuses, or genitals. 14 (3) Sexual intercourse, masturbation, sodomy, bestiality, 15 oral copulation, flagellation, excretory functions, 16 exhibitions, or any other sexual act. 17 c. Material that taken as a whole lacks serious literary, 18 artistic, political, or scientific value for minors. 19 10. “Minor” means an individual that is under eighteen years 20 of age. 21 11. “News-gathering organization” means any of the 22 following, or an employee of the following who is operating 23 within the scope of the employee’s employment and who can 24 provide documentation of such employment: 25 a. A newspaper, news publication, or news source that is 26 printed, online, or available through a mobile platform. 27 b. A radio broadcast station. 28 c. A television broadcast station or cable television 29 operator. 30 d. A wire service. 31 12. “Obscene material” means all of the following: 32 a. Material that the average person, applying contemporary 33 community standards, would find taking the material as a whole, 34 lacks serious literary, artistic, political, or scientific 35 -2- LSB 5430XS (7) 91 dg/jh 2/ 12

S.F. 2159 value, and is designed to appeal to, or is designed to pander 1 to the prurient interest. 2 b. Any of the following material that exploits, is devoted 3 to, or principally consists of descriptions of actual, 4 simulated, or animated display or depiction of any of the 5 following, in a manner patently offensive: 6 (1) Pubic hair, anus, vulva, genitals, or nipple of the 7 female breast. 8 (2) Touching, caressing, or fondling of nipples, breasts, 9 buttocks, anuses, or genitals. 10 (3) Sexual intercourse, masturbation, sodomy, bestiality, 11 oral copulation, flagellation, excretory functions, 12 exhibitions, or any other sexual act. 13 c. Material that taken as a whole lacks serious literary, 14 artistic, political, or scientific value. 15 13. “Prohibited material” means all of the following: 16 a. Child sexual abuse material. 17 b. Material harmful to minors that is publicly available and 18 can be accessed without reasonable age verification. 19 c. Obscene material. 20 14. “Reasonable age verification” means verifying that an 21 individual is not a minor by using any of the following: 22 a. Requiring the individual to provide a digitized 23 identification card or mobile identification. 24 b. Using an independent, third-party age verification 25 service that compares the personal information entered by 26 an individual to information available from a commercially 27 available database, or aggregate of databases, that is 28 regularly used by government agencies and businesses for the 29 purpose of age and identity verification. 30 c. Using a commercially reasonable method that relies on 31 public or private transactional data to verify the individual 32 is not a minor. 33 15. “Transactional data” means a sequence of information 34 that documents an exchange, agreement, or transfer between 35 -3- LSB 5430XS (7) 91 dg/jh 3/ 12

S.F. 2159 an individual, a commercial entity, or a third party. 1 “Transactional data” includes but is not limited to records from 2 a mortgage, education, or an employer. 3 Sec. 2. NEW SECTION . 554J.2 Liability —— material harmful 4 to minors —— allowing or facilitating internet access. 5 1. a. A commercial entity that knowingly and intentionally 6 facilitates access to material harmful to minors on an internet 7 site, including social media, of which more than one-third of 8 the content is material harmful to minors, shall use reasonable 9 age verification to ensure that a user attempting to access the 10 internet site is not a minor. 11 2. A commercial entity that distributes material harmful 12 to minors on an internet site shall use reasonable age 13 verification to ensure that a user attempting to access the 14 internet site is not a minor. 15 3. A commercial entity that knowingly and intentionally 16 is responsible, in whole or in part, for the creation or 17 development of material harmful to minors on an internet site 18 shall use reasonable age verification to ensure that a user 19 attempting to access the internet site is not a minor. 20 4. A commercial entity, or a third party that performs 21 reasonable age verification for a commercial entity, shall 22 not retain identifying information about an individual after 23 performing reasonable age verification on the individual. 24 5. a. A commercial entity that violates subsection 1, 2, 25 or 3 shall be civilly liable to a minor for the minor’s access 26 to material harmful to minors. 27 b. A parent, legal guardian, or custodian for a minor may 28 bring an action under this section on behalf of the minor. 29 c. A minor may be awarded actual damages, reasonable 30 attorney fees, reasonable expert witness fees, court costs, and 31 noneconomic damages not less than five thousand dollars per 32 violation. 33 6. A commercial entity or third party that violates 34 subsection 4 shall be civilly liable for actual damages, 35 -4- LSB 5430XS (7) 91 dg/jh 4/ 12

S.F. 2159 reasonable attorney fees, and court costs incurred by an 1 individual as a result of the commercial entity or third party 2 retaining identifying information. 3 Sec. 3. NEW SECTION . 554J.3 Liability —— internet 4 distributors, creators, developers —— prohibited material. 5 1. A person shall not knowingly and intentionally allow or 6 facilitate access to, distribute, create, or develop prohibited 7 material on an internet site. 8 2. a. A person that violates subsection 1 shall be civilly 9 liable to all of the following as applicable: 10 (1) A minor depicted in or exposed to child sexual abuse 11 material. 12 (2) An individual depicted in or exposed to obscene material 13 that is not child sexual abuse material. 14 b. A parent, legal guardian, or custodian for a minor may 15 bring an action under this section on behalf of the minor. 16 c. A person may be awarded actual damages, reasonable 17 attorney fees, reasonable expert witness fees, court costs, and 18 noneconomic damages not less than five thousand dollars per 19 violation. 20 Sec. 4. NEW SECTION . 554J.4 Exemptions. 21 1. This chapter shall not apply to a bona fide news or 22 public interest broadcast, internet video, report, or similar 23 event. 24 2. This chapter shall not be construed to affect the rights 25 of a news-gathering organization or require a news-gathering 26 organization to perform reasonable age verification. 27 3. a. An interactive computer service provider shall not 28 be liable under this chapter on account of any action taken 29 voluntarily and in good faith to remove or prevent access 30 to prohibited material, or to enable or make available to 31 information content providers or others the technical means to 32 block or prevent access to the prohibited material. 33 b. This subsection shall not limit an interactive computer 34 service provider’s liability if any of the following apply: 35 -5- LSB 5430XS (7) 91 dg/jh 5/ 12

S.F. 2159 (1) The interactive computer service provider knew it 1 would induce, and intended to induce, other persons to post 2 prohibited material on the interactive computer service 3 provider’s internet site. 4 (2) The interactive computer service provider contributed 5 to the character of the prohibited material. 6 (3) The interactive computer service provider knew that 7 the interactive computer service provider allowed, or knew it 8 was substantially likely that the interactive computer service 9 provider allowed, users to access prohibited material. 10 (4) The interactive computer service provider otherwise 11 contributes, in whole or in part, to the creation or 12 development of prohibited material. 13 Sec. 5. NEW SECTION . 554J.5 Attorney general —— powers. 14 The attorney general may seek injunctive and other equitable 15 relief against a person that is in violation of this chapter. 16 Sec. 6. NEW SECTION . 554J.6 General provisions. 17 1. This chapter is intended to create a statutory cause of 18 action for knowing and intentional acts in violation of this 19 chapter. The duties and liabilities created under this chapter 20 do not depend on whether the violator would be considered a 21 publisher or distributor of prohibited content or would be 22 considered in breach of a standard of care under one or more 23 common law causes of action. 24 2. An individual may assert a violation of this chapter as 25 a claim in any judicial or administrative proceeding without 26 regard to whether the proceeding is brought by or in the name 27 of the government, any private person, or any other party. 28 3. An action under this chapter may be commenced, and 29 relief may be granted, in a court of the state without regard 30 to whether the individual commencing the action has sought or 31 exhausted available administrative remedies. 32 4. Sovereign immunity shall not be an affirmative defense in 33 any action pursuant to this chapter. 34 5. Individual claims that satisfy the generally applicable 35 -6- LSB 5430XS (7) 91 dg/jh 6/ 12

S.F. 2159 standards for joinder or class action elsewhere provided by law 1 or rules of court, as applicable, may combine their claims in a 2 single action. 3 6. A person that has violated this chapter in a manner that 4 satisfies the standards for imposition of punitive damages 5 elsewhere provided by law may be held liable for punitive 6 damages. 7 7. The remedies available under this chapter may be awarded 8 without regard to whether the conduct giving rise to the remedy 9 resulted in a criminal conviction. 10 8. In an action under this chapter, contributory fault 11 shall not bar a claimant’s recovery, and no claimant shall be 12 allocated fault under chapter 668. One hundred percent of the 13 fault in any such action shall be allocated under section 668.3 14 to persons, other than the claimant or claimants, found to be 15 causally at fault. No party may disclose to the trier of fact 16 the impact of this subsection. 17 9. A judge, agent, or employee of a court, or an attorney or 18 agent or employee of an attorney, who views obscene material, 19 or material that depicts, describes, or promotes child sexual 20 abuse material, is not criminally responsible or civilly liable 21 when viewing or possessing such material in good faith during 22 the course of a judicial process or the representation of a 23 client or potential client, and while acting within the scope 24 of such judicial process, representation, employment, or agency 25 relationship. 26 DIVISION II 27 CHILD SEXUAL EXPLOITATION MATERIAL 28 Sec. 7. Section 728.1, Code 2026, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 01. “Child sexual exploitation material” 31 means an anatomically correct mannequin, robot, doll, device, 32 or image that is intended for use in sexual acts and that has 33 features that resemble a minor. 34 Sec. 8. NEW SECTION . 728.17 Devices and images resembling 35 -7- LSB 5430XS (7) 91 dg/jh 7/ 12

S.F. 2159 minors. 1 1. A person who knowingly buys, sells, delivers, possesses, 2 or distributes child sexual exploitation material violates this 3 section. 4 2. A person in violation of this section shall be subject to 5 a civil penalty in an amount not to exceed ten thousand dollars 6 for each violation. A civil penalty collected by the state 7 under this paragraph shall be deposited in the general fund of 8 the state. 9 3. a. An individual whose image or likeness is represented 10 by child sexual exploitation material shall have a cause of 11 action against a person who bought, sold, delivered, possessed, 12 or distributed the child sexual exploitation material that 13 represents the individual’s image or likeness. 14 b. An individual with a cause of action under paragraph “a” 15 shall be entitled to actual damages, reasonable attorney fees, 16 reasonable expert witness fees, court costs, and noneconomic 17 damages in an amount not less than five thousand dollars per 18 violation. 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 materials used for prurient purposes. 23 DIVISION I —— PROHIBITED MATERIALS ON THE INTERNET. The bill 24 defines “child sexual abuse material”, “commercial entity”, 25 “creation or development”, “digitized identification card”, 26 “distribute”, “information content provider”, “interactive 27 computer service”, “knowingly and intentionally”, “material 28 harmful to minors”, “minor”, “news-gathering organization”, 29 “obscene material”, “prohibited material”, “reasonable age 30 verification”, and “transactional data”. 31 The bill provides that a commercial entity that knowingly 32 and intentionally publishes or distributes material harmful 33 to minors on an internet site, of which more than one-third 34 of the content is material harmful to minors, shall use 35 -8- LSB 5430XS (7) 91 dg/jh 8/ 12

S.F. 2159 reasonable age verification to ensure that a user attempting 1 to access the internet site is not a minor. The bill makes 2 the same requirement for commercial entities that distribute 3 material harmful to minors on an internet site and commercial 4 entities that are responsible for the creation or development 5 of material harmful to minors. 6 The bill prohibits a commercial entity, or a third party that 7 performs reasonable age verification for a commercial entity, 8 from retaining identifying information about an individual 9 after performing reasonable age verification on the individual. 10 The bill makes a commercial entity that allows a minor to 11 access material harmful to minors civilly liable to the minor 12 as detailed in the bill. A commercial entity, or a third party 13 that performs reasonable age verification for a commercial 14 entity, will be civilly liable as detailed in the bill for 15 retaining identifying information after performing reasonable 16 age verification on an individual. 17 The bill prohibits any person from allowing or facilitating, 18 distributing, creating, or developing prohibited material on 19 an internet site, and makes a person in violation of this 20 provision of the bill civilly liable, as detailed in the 21 bill, to a minor depicted in or exposed to child sexual abuse 22 material, or an individual depicted in or exposed to obscene 23 material that is not child sexual abuse material. 24 The bill exempts bona fide news or public interest 25 broadcasts, internet videos, reports, or similar events from 26 the bill’s provisions. The bill shall not be construed to 27 affect the rights of a news-gathering organization or require 28 a news-gathering organization to perform reasonable age 29 verification. 30 The bill exempts an interactive computer service provider 31 (service provider) from liability under the bill on account 32 of any action taken voluntarily and in good faith to remove 33 or prevent access to prohibited material, or to enable or 34 make available to information content providers or others the 35 -9- LSB 5430XS (7) 91 dg/jh 9/ 12

S.F. 2159 technical means to block or prevent access to the prohibited 1 material. 2 The bill details when a service provider is not exempt from 3 the bill. 4 The bill allows the attorney general to seek injunctive and 5 other equitable relief against a person in violation of the 6 bill. 7 The bill is intended to create a statutory cause of action 8 for knowing and intentional acts in violation of the bill. 9 The duties and liabilities created in the bill do not depend 10 on whether a violator would be considered a publisher or 11 distributor of prohibited content or would be considered in 12 breach of a standard of care under one or more common law 13 causes of action. 14 The bill allows an individual to assert a violation of the 15 bill as a claim in any judicial or administrative proceeding 16 without regard to whether the proceeding is brought by or in 17 the name of the government, any private person, or any other 18 party. 19 The bill allows an action under the bill to commence, and 20 relief to be granted, in a court of the state without regard 21 to whether the individual commencing the action has sought or 22 exhausted available administrative remedies. 23 Sovereign immunity shall not be an affirmative defense in 24 any action pursuant to the bill. 25 The bill allows individual claims that satisfy the generally 26 applicable standards for joinder or class action elsewhere 27 provided by law or rules of court, as applicable, to combine 28 their claims in a single action. 29 The bill allows for the imposition of punitive damages if 30 a person violates the bill in a manner that satisfies the 31 standards for imposition of punitive damages elsewhere provided 32 by law. 33 Remedies available under the bill may be awarded without 34 regard to whether the conduct giving rise to the remedy 35 -10- LSB 5430XS (7) 91 dg/jh 10/ 12

S.F. 2159 resulted in a criminal conviction. 1 The bill does not allow contributory fault to bar a 2 claimant’s recovery, and no claimant shall be allocated fault 3 under Code chapter 668 (liability in tort —— comparative 4 fault). One hundred percent of the fault in any such action 5 shall be allocated to persons, other than the claimant or 6 claimants, found to be causally at fault. No party may 7 disclose to the trier of fact the impact of this provision. 8 The bill exempts a judge, agent or employee of a court, or an 9 attorney or agent or employee of an attorney, who views obscene 10 material, or material that depicts, describes, or promotes 11 child pornography or child sexual exploitation, from criminal 12 responsibility and civil liability when viewing or possessing 13 such material in good faith during the course of a judicial 14 process or the representation of a client or potential client, 15 and while acting within the scope of such judicial process, 16 representation, employment, or agency relationship. 17 DIVISION II —— CHILD SEXUAL EXPLOITATION MATERIAL. The bill 18 defines “child sexual exploitation material” as an anatomically 19 correct mannequin, robot, doll, device, or image that is 20 intended for use in sexual acts and that has features that 21 resemble a minor. 22 A person who knowingly buys, sells, delivers, possesses, or 23 distributes child sexual exploitation material (CSEM) is in 24 violation of the bill. A person who violates this provision is 25 subject to a civil penalty in an amount not to exceed $10,000 26 for each violation. Such a civil penalty collected by the 27 state shall be deposited in the general fund of the state. 28 The bill provides an individual whose image or likeness 29 is represented by CSEM a cause of action against a person 30 who bought, sold, delivered, possessed, or distributed the 31 CSEM that represents the individual’s image or likeness, and 32 allows the individual to collect actual damages, reasonable 33 attorney fees, reasonable expert witness fees, court costs, 34 and noneconomic damages in an amount not less than $5,000 per 35 -11- LSB 5430XS (7) 91 dg/jh 11/ 12