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House File 274 - IntroducedA Bill ForAn Act 1relating to obscene material disseminated to a minor
2by a public or private elementary or secondary school
3or library, or a public library, creating a civil cause
4of action, providing criminal penalties, and including
5effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 728.2A Dissemination by a public
2or private elementary or secondary school or library, or public
3library, of obscene material to minors.
41. a. A person affiliated with a public or private
5elementary or secondary school or library, or public library
6in an official capacity, or a person affiliated with an
7entity that provides products or services to such schools or
8libraries in this state, who knowingly disseminates to any
9minor any material the person knows, or reasonably should know,
10is obscene or harmful to minors, is guilty of an aggravated
11misdemeanor for a first offense and a class “D” felony if the
12person has previously been convicted of a violation of this
13section.
14b. Each day on which a violation under paragraph “a” occurs
15or continues shall constitute a separate offense and shall be
16punished as a separate violation.
172. a. A parent or guardian of a student enrolled in a
18public or private elementary or secondary school, or of a
19child patronizing a public library, injured as a result of
20a violation of this section may bring a civil action in the
21district court in which the violation occurred against any
22public or private elementary or secondary school or library,
23or public library, affiliated entity, or any other party that
24has engaged in or caused a person to engage in conduct that
25violates this section, for any of the following remedies:
26(1) A declaratory judgment.
27(2) Injunctive relief.
28(3) Actual, incidental, and consequential damages.
29(4) Punitive damages, if appropriate.
30(5) Other equitable relief which the court deems
31appropriate.
32b. The prevailing party in an action under this subsection
33shall be awarded all costs of such litigation including
34reasonable attorney fees and expert witness fees.
353. It is not a defense to liability under this section
-1-1that the materials disseminated are labeled as curriculum,
2approved for an educational use, or otherwise described to be
3for educational, scientific, or artistic purposes.
4 Sec. 2. Section 728.7, Code 2021, is amended to read as
5follows:
6728.7 Exemptions for public libraries and educational
7institutions college and university libraries and programs.
8Nothing in this chapter prohibits the use of appropriate
9material for educational purposes in any accredited school
10 college or university, or any public accredited college or
11university library, or in any educational accredited college
12or university program in which the minor is participating.
13Nothing in this chapter prohibits the attendance of minors
14at an exhibition or display of art works or the use of any
15materials in any public library at any accredited college or
16university library or program.
17 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
18importance, takes effect upon enactment.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to obscene material disseminated to a
23minor by a public or private elementary or secondary school or
24library, or a public library, creates a civil cause of action,
25provides criminal penalties, and includes an effective date.
26Current law provides that nothing in Code chapter 728
27(obscenity) prohibits the use of appropriate material for
28educational purposes in any accredited school, or any public
29library, or in any educational program in which a minor is
30participating, and nothing prohibits the attendance of minors
31at an exhibition or display of art works or the use of any
32materials in any public library.
33The bill amends current law to provide that nothing in Code
34chapter 728 prohibits the use of appropriate material for
35educational purposes in any accredited college or university,
-2-1any accredited college or university library, or in any
2accredited college or university program, and nothing prohibits
3the attendance of minors at an exhibition or display of art
4works at any accredited college or university library or
5program.
6The bill provides that a person affiliated with a public or
7private elementary or secondary school or library, or public
8library in an official capacity, or a person affiliated with
9an entity that provides products or services to such schools
10or libraries in this state, who knowingly disseminates to any
11minor any material the person knows, or reasonably should know,
12is obscene or harmful to minors is guilty of an aggravated
13misdemeanor for a first offense and a class “D” felony if
14the person has previously been convicted of a violation of
15the bill. Each day on which a violation occurs or continues
16shall constitute a separate offense and shall be punished as a
17separate violation.
18The bill provides that a parent or guardian of a student
19enrolled in a public or private elementary or secondary school,
20or of a child patronizing a public library, injured as a result
21of a violation of the bill may bring a civil action in the
22district court in which the violation occurred against any
23public or private elementary or secondary school or library,
24or public library, affiliated entity, or any other party that
25has engaged in or caused a person to engage in conduct that
26violates this section, for any of the following remedies: a
27declaratory judgment; injunctive relief; actual, incidental,
28and consequential damages; punitive damages, if appropriate;
29and other equitable relief which the court deems appropriate.
30The prevailing party in an action under the bill shall be
31awarded all costs of litigation including reasonable attorney
32fees and expert witness fees.
33The bill provides that it is not a defense to liability
34that the materials disseminated are labeled as curriculum,
35approved for an educational use, or otherwise described to be
-3-1for educational, scientific, or artistic purposes.
2An aggravated misdemeanor is punishable by confinement for
3no more than two years and a fine of at least $855 but not more
4than $8,540. A class “D” felony is punishable by confinement
5for no more than five years and a fine of at least $1,025 but
6not more than $10,245.
7The bill takes effect upon enactment.
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2by a public or private elementary or secondary school
3or library, or a public library, creating a civil cause
4of action, providing criminal penalties, and including
5effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 728.2A Dissemination by a public
2or private elementary or secondary school or library, or public
3library, of obscene material to minors.
41. a. A person affiliated with a public or private
5elementary or secondary school or library, or public library
6in an official capacity, or a person affiliated with an
7entity that provides products or services to such schools or
8libraries in this state, who knowingly disseminates to any
9minor any material the person knows, or reasonably should know,
10is obscene or harmful to minors, is guilty of an aggravated
11misdemeanor for a first offense and a class “D” felony if the
12person has previously been convicted of a violation of this
13section.
14b. Each day on which a violation under paragraph “a” occurs
15or continues shall constitute a separate offense and shall be
16punished as a separate violation.
172. a. A parent or guardian of a student enrolled in a
18public or private elementary or secondary school, or of a
19child patronizing a public library, injured as a result of
20a violation of this section may bring a civil action in the
21district court in which the violation occurred against any
22public or private elementary or secondary school or library,
23or public library, affiliated entity, or any other party that
24has engaged in or caused a person to engage in conduct that
25violates this section, for any of the following remedies:
26(1) A declaratory judgment.
27(2) Injunctive relief.
28(3) Actual, incidental, and consequential damages.
29(4) Punitive damages, if appropriate.
30(5) Other equitable relief which the court deems
31appropriate.
32b. The prevailing party in an action under this subsection
33shall be awarded all costs of such litigation including
34reasonable attorney fees and expert witness fees.
353. It is not a defense to liability under this section
-1-1that the materials disseminated are labeled as curriculum,
2approved for an educational use, or otherwise described to be
3for educational, scientific, or artistic purposes.
4 Sec. 2. Section 728.7, Code 2021, is amended to read as
5follows:
6728.7 Exemptions for public libraries and educational
7institutions college and university libraries and programs.
8Nothing in this chapter prohibits the use of appropriate
9material for educational purposes in any accredited school
10 college or university, or any public accredited college or
11university library, or in any educational accredited college
12or university program in which the minor is participating.
13Nothing in this chapter prohibits the attendance of minors
14at an exhibition or display of art works or the use of any
15materials in any public library at any accredited college or
16university library or program.
17 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
18importance, takes effect upon enactment.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to obscene material disseminated to a
23minor by a public or private elementary or secondary school or
24library, or a public library, creates a civil cause of action,
25provides criminal penalties, and includes an effective date.
26Current law provides that nothing in Code chapter 728
27(obscenity) prohibits the use of appropriate material for
28educational purposes in any accredited school, or any public
29library, or in any educational program in which a minor is
30participating, and nothing prohibits the attendance of minors
31at an exhibition or display of art works or the use of any
32materials in any public library.
33The bill amends current law to provide that nothing in Code
34chapter 728 prohibits the use of appropriate material for
35educational purposes in any accredited college or university,
-2-1any accredited college or university library, or in any
2accredited college or university program, and nothing prohibits
3the attendance of minors at an exhibition or display of art
4works at any accredited college or university library or
5program.
6The bill provides that a person affiliated with a public or
7private elementary or secondary school or library, or public
8library in an official capacity, or a person affiliated with
9an entity that provides products or services to such schools
10or libraries in this state, who knowingly disseminates to any
11minor any material the person knows, or reasonably should know,
12is obscene or harmful to minors is guilty of an aggravated
13misdemeanor for a first offense and a class “D” felony if
14the person has previously been convicted of a violation of
15the bill. Each day on which a violation occurs or continues
16shall constitute a separate offense and shall be punished as a
17separate violation.
18The bill provides that a parent or guardian of a student
19enrolled in a public or private elementary or secondary school,
20or of a child patronizing a public library, injured as a result
21of a violation of the bill may bring a civil action in the
22district court in which the violation occurred against any
23public or private elementary or secondary school or library,
24or public library, affiliated entity, or any other party that
25has engaged in or caused a person to engage in conduct that
26violates this section, for any of the following remedies: a
27declaratory judgment; injunctive relief; actual, incidental,
28and consequential damages; punitive damages, if appropriate;
29and other equitable relief which the court deems appropriate.
30The prevailing party in an action under the bill shall be
31awarded all costs of litigation including reasonable attorney
32fees and expert witness fees.
33The bill provides that it is not a defense to liability
34that the materials disseminated are labeled as curriculum,
35approved for an educational use, or otherwise described to be
-3-1for educational, scientific, or artistic purposes.
2An aggravated misdemeanor is punishable by confinement for
3no more than two years and a fine of at least $855 but not more
4than $8,540. A class “D” felony is punishable by confinement
5for no more than five years and a fine of at least $1,025 but
6not more than $10,245.
7The bill takes effect upon enactment.
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