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Senate File 45 - IntroducedA Bill ForAn Act 1relating to the dissemination and exhibition of obscene
2material to a minor by the parent or guardian of the minor,
3and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 728.2, Code 2021, is amended to read as
2follows:
3728.2 Dissemination and exhibition of obscene material to
4minors.
51. Any person, other than the parent or guardian of the
6minor not subject to subsection 2, who knowingly disseminates
7or exhibits obscene material to a minor, including the
8exhibition of obscene material so that it can be observed by a
9minor on or off the premises where it is displayed, is guilty
10of a public offense and shall upon conviction be guilty of a
11serious misdemeanor.
122. A parent or guardian who has been convicted of or
13adjudicated delinquent for any sex offense committed against
14a minor classified as a tier I, tier II, or tier III offense
15under chapter 692A requiring registration as a sex offender, or
16who is required to register in another jurisdiction under the
17other jurisdiction’s sex offender registry for a sex offense
18committed against a minor, is subject to conviction for a
19violation of subsection 1.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the dissemination and exhibition of
24obscene material to a minor by the parent or guardian of the
25minor, and provides penalties.
26The bill provides that any parent or guardian who has
27been convicted of or adjudicated delinquent for any sex
28offense committed against a minor classified as a tier I,
29tier II, or tier III offense requiring registration as a sex
30offender under Code chapter 692A (sex offender registry), or
31who is required to register in another jurisdiction under
32the other jurisdiction’s sex offender registry for a sex
33offense committed against a minor, is subject to conviction
34for knowingly disseminating or exhibiting obscene material
35to their minor child or ward under Code section 728.2, a
-1-1serious misdemeanor. A serious misdemeanor is punishable by
2confinement for no more than one year and a fine of at least
3$315 but not more than $1,875. Current law exempts parents
4and guardians from prosecution for knowingly disseminating or
5exhibiting obscene material to their minor child or ward.
6A violation of Code section 728.2 is a tier I sex offense
7under Code section 692A.102 requiring registration as a sex
8offender. A person who commits a violation of Code section
9728.2 is also subject to license suspension or revocation
10provisions under Code sections 272.2(14) (education) and 728.8
11(business).
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2material to a minor by the parent or guardian of the minor,
3and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 728.2, Code 2021, is amended to read as
2follows:
3728.2 Dissemination and exhibition of obscene material to
4minors.
51. Any person, other than the parent or guardian of the
6minor not subject to subsection 2, who knowingly disseminates
7or exhibits obscene material to a minor, including the
8exhibition of obscene material so that it can be observed by a
9minor on or off the premises where it is displayed, is guilty
10of a public offense and shall upon conviction be guilty of a
11serious misdemeanor.
122. A parent or guardian who has been convicted of or
13adjudicated delinquent for any sex offense committed against
14a minor classified as a tier I, tier II, or tier III offense
15under chapter 692A requiring registration as a sex offender, or
16who is required to register in another jurisdiction under the
17other jurisdiction’s sex offender registry for a sex offense
18committed against a minor, is subject to conviction for a
19violation of subsection 1.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the dissemination and exhibition of
24obscene material to a minor by the parent or guardian of the
25minor, and provides penalties.
26The bill provides that any parent or guardian who has
27been convicted of or adjudicated delinquent for any sex
28offense committed against a minor classified as a tier I,
29tier II, or tier III offense requiring registration as a sex
30offender under Code chapter 692A (sex offender registry), or
31who is required to register in another jurisdiction under
32the other jurisdiction’s sex offender registry for a sex
33offense committed against a minor, is subject to conviction
34for knowingly disseminating or exhibiting obscene material
35to their minor child or ward under Code section 728.2, a
-1-1serious misdemeanor. A serious misdemeanor is punishable by
2confinement for no more than one year and a fine of at least
3$315 but not more than $1,875. Current law exempts parents
4and guardians from prosecution for knowingly disseminating or
5exhibiting obscene material to their minor child or ward.
6A violation of Code section 728.2 is a tier I sex offense
7under Code section 692A.102 requiring registration as a sex
8offender. A person who commits a violation of Code section
9728.2 is also subject to license suspension or revocation
10provisions under Code sections 272.2(14) (education) and 728.8
11(business).
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