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Senate File 2198 - IntroducedA Bill ForAn Act 1relating to the prohibition of certain specified
2materials in schools and school libraries and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 272.2, subsection 14, paragraph b,
2subparagraph (1), Code 2022, is amended by adding the following
3new subparagraph division:
4 NEW SUBPARAGRAPH DIVISION. (0g) Providing obscene material
5or hard-core pornography to students from a school library
6or requiring a student to read or view obscene material or
7hard-core pornography under section 728.2A. For purposes of
8this subparagraph division, “obscene material” and “hard-core
9pornography” mean the same as defined in section 728.1.
10 Sec. 2. Section 728.1, Code 2022, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 1A. “Hard-core pornography” means material
13depicting patently offensive representations of oral, anal, or
14vaginal intercourse, actual or simulated, involving humans, or
15depicting patently offensive representations of masturbation,
16excretory functions, or bestiality, or lewd exhibition of the
17genitals, which the average adult taking the material as a
18whole in applying statewide contemporary community standards
19would find appeals to the prurient interest; and which
20material, taken as a whole, lacks serious literary, scientific,
21political, or artistic value.
22 Sec. 3. NEW SECTION. 728.2A Obscene material and hard-core
23pornography in schools and school libraries.
241. As used in this section, unless the context otherwise
25requires:
26a. “Administrator” means and includes a school
27superintendent, assistant superintendent, educational
28director, principal, assistant principal, and other
29individuals authorized to assist in performing noninstructional
30administrative duties.
31b. “School” means and includes all of the following:
32(1) A charter school established in accordance with section
33256E.2.
34(2) A nonpublic school, as that term is defined in section
35280.2.
-1- 1(3) A public school district, as described in chapter 274.
2c. “Student” means an individual who is enrolled in and
3attending a school in kindergarten through grade twelve.
4d. “Teacher” means the same defined in section 272.1.
52. A school shall designate at least one administrator to
6ensure that no obscene material or hard-core pornography is
7present and available to students in a library operated by the
8school that the administrator supervises or directs.
93. a. An administrator who knowingly provides obscene
10material or hard-core pornography to a student in a library
11operated by the school that the administrator supervises or
12directs shall be guilty of a serious misdemeanor.
13b. A teacher who knowingly requires a student to read or
14view obscene material or hard-core pornography as part of the
15teacher’s instructional program or curriculum shall be guilty
16of a serious misdemeanor.
174. a. A parent or guardian of a student alleging a
18violation of subsection 3 by an administrator or teacher may
19bring a civil action for injunctive relief against the school
20that employs the administrator or teacher to prohibit the
21administrator or teacher from continuing such violation.
22b. If a parent or guardian is the prevailing party in a
23civil action instituted pursuant to paragraph “a”, all of the
24following shall apply:
25(1) The court shall award reasonable attorney fees to the
26parent or guardian.
27(2) The court shall assess a civil penalty against the
28school that employs the administrator or teacher, not to
29exceed five hundred dollars per day for each day a violation
30occurs during the pendency of the civil action. However, the
31court shall not assess the civil penalty provided in this
32subparagraph for a violation of subsection 3, paragraph “a”, if
33the administrator or the school that employs the administrator
34removes the obscene material or hard-core pornography from
35the library operated by the school during the pendency of the
-2-1civil action. Revenue from the civil penalty provided in this
2subparagraph shall be remitted to the treasurer of state for
3deposit in the general fund of the state.
4(3) The clerk of court shall send a copy of the court’s
5order issued pursuant to paragraph “a” and a copy of this
6section by restricted certified mail, return receipt requested,
7to the county attorney of the county in which the school that
8employs the administrator or teacher in violation of subsection
93 is located.
105. A county attorney shall file a criminal action on behalf
11of the state against the administrator or teacher in violation
12of subsection 3 within sixty days of the county attorney’s
13receipt of information from any person who provides the county
14attorney with probable cause that a violation of subsection 3
15has occurred. The county attorney’s receipt of a copy of a
16court’s injunctive order provided by the clerk of court issued
17pursuant to subsection 4 along with subsequent information
18that a violation of subsection 3 is continuing to occur shall
19constitute probable cause that a violation of subsection 3 has
20occurred.
216. a. If a county attorney fails to institute a criminal
22action on behalf of the state within sixty days of the county
23attorney’s receipt of information from any person who provides
24the county attorney with probable cause that a violation of
25subsection 3 has occurred, the parent or guardian of the
26student who was injured by the violation of subsection 3 may
27bring a civil action for damages against the county attorney.
28Damages awarded pursuant to this subsection shall include all
29of the following:
30(1) Actual damages for injuries resulting from a violation
31of subsection 3.
32(2) A penalty in an amount determined by the court, but not
33less than one thousand dollars per day for each day the county
34attorney fails to institute a criminal action in accordance
35with this subsection.
-3- 1b. The state of Iowa hereby waives immunity from suit and
2consents to the jurisdiction of any court in which an action
3is brought against a county attorney respecting any cause of
4action arising out of this subsection. Such action shall be
5heard and determined pursuant to rules otherwise applicable
6to civil actions brought in the particular court having
7jurisdiction of the suit and the parties to the suit shall have
8the right of appeal from any judgment, decree, or decision
9of the trial court to the appropriate appellate court under
10applicable rules of appeal.
11 Sec. 4. Section 728.4, Code 2022, is amended to read as
12follows:
13728.4 Rental or sale of hard-core pornography.
14A person who knowingly rents, sells, or offers for
15rental or sale material depicting patently offensive
16representations of oral, anal, or vaginal intercourse, actual
17or simulated, involving humans, or depicting patently offensive
18representations of masturbation, excretory functions, or
19bestiality, or lewd exhibition of the genitals, which the
20average adult taking the material as a whole in applying
21statewide contemporary community standards would find appeals
22to the prurient interest; and which material, taken as a whole,
23lacks serious literary, scientific, political, or artistic
24value hard-core pornography, upon conviction, is guilty of
25an aggravated misdemeanor. However, second and subsequent
26violations of this section by a person who has been previously
27convicted of violating this section are class “D” felonies.
28Charges under this section may only be brought by a county
29attorney or by the attorney general.
30 Sec. 5. Section 728.7, Code 2022, is amended to read as
31follows:
32728.7 Exemptions for public libraries and educational
33institutions.
34Nothing in this chapter prohibits the use of appropriate
35material for educational purposes in any accredited school,
-4-1or any public library, or in any educational program in which
2the minor is participating. Nothing in this chapter prohibits
3the attendance of minors at an exhibition or display of art
4works or the use of any materials in any public library. For
5purposes of this section, “appropriate material” does not
6include obscene material or hard-core pornography.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the prohibition of certain specified
11materials in schools and school libraries.
12The bill requires a school to designate at least one
13administrator to ensure that no obscene material or hard-core
14pornography is present and available to students in a library
15operated by the school that the administrator supervises or
16directs.
17The bill prohibits an administrator from knowingly providing
18obscene material or hard-core pornography to students in
19a library operated by the school that the administrator
20supervises or directs. The bill also prohibits a teacher from
21knowingly requiring a student to read or view obscene material
22or hard-core pornography as part of the teacher’s instructional
23program or curriculum. The bill provides that an administrator
24or teacher who violates either of these provisions is guilty
25of a serious misdemeanor. A serious misdemeanor is punishable
26by confinement for no more than one year and a fine of at least
27$430 but not more than $2,560. The bill requires the board of
28educational examiners to adopt rules that require the board to
29disqualify an applicant for a license or to revoke a person’s
30license for a violation of either of these provisions.
31The bill authorizes a parent or guardian of a student
32alleging a violation of the bill’s provisions to bring a civil
33action for injunctive relief against the school that employs an
34administrator or teacher in violation of the bill. The bill
35requires a court to award reasonable attorney fees to a parent
-5-1or guardian who prevails in this civil action.
2The bill provides that if a parent or guardian is the
3prevailing party in the civil action, the court shall assess a
4civil penalty against the school that employs the administrator
5or teacher, not to exceed $500 per day for each day a violation
6occurs during the pendency of the civil action, unless certain
7limited exceptions apply. The bill requires revenue from the
8civil penalty to be remitted to the treasurer of state for
9deposit in the general fund of the state.
10The bill provides that if a parent or guardian is the
11prevailing party in the civil action, the clerk of court
12shall send a copy of the court’s order and a copy of the law
13by certified mail to the county attorney of the county in
14which the school that employs the administrator or teacher who
15violated the bill’s provisions is located.
16The bill requires the county attorney of the county in
17which the school is located to file a criminal action against
18the administrator or teacher in violation of the bill within
1960 days of the county attorney’s receipt of information
20that provides the county attorney with probable cause that a
21violation of the bill’s provisions has occurred. The bill
22provides that the county attorney’s receipt of a copy of a
23court’s injunctive order provided by the clerk of court along
24with subsequent information that a violation of the bill’s
25provisions is continuing to occur shall constitute probable
26cause that a violation of the bill’s criminal provision has
27occurred.
28The bill provides that if a county attorney fails to file a
29criminal action on behalf of the state within 60 days of the
30receipt of information that provides the county attorney with
31probable cause that a violation of the bill’s provisions has
32occurred, the parent or guardian of the student who was injured
33by the violation may bring a civil action for damages against
34the county attorney. Additionally, the bill provides that the
35damages shall include both actual damages and a penalty not
-6-1less than $1,000 per day for each day the county attorney fails
2to file a criminal action. The bill waives immunity for a
3county attorney in any cause of action brought against a county
4attorney under the bill.
5Current law provides that Code chapter 728 does not prohibit
6the use of appropriate material for educational purposes in any
7accredited school, public library, or educational program in
8which the minor is participating, and does not prohibit the
9attendance of minors at an exhibition or display of art works
10or the use of any materials in any public library. The bill
11provides that, for purposes of this provision, appropriate
12material does not include obscene material or hard-core
13pornography.
14The bill contains definitions for “administrator”,
15“hard-core pornography”, “school”, “student”, and “teacher”.
16The bill makes conforming Code changes to Code section 728.4
17(rental or sale of hard-core pornography).
-7-jda/rh
2materials in schools and school libraries and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 272.2, subsection 14, paragraph b,
2subparagraph (1), Code 2022, is amended by adding the following
3new subparagraph division:
4 NEW SUBPARAGRAPH DIVISION. (0g) Providing obscene material
5or hard-core pornography to students from a school library
6or requiring a student to read or view obscene material or
7hard-core pornography under section 728.2A. For purposes of
8this subparagraph division, “obscene material” and “hard-core
9pornography” mean the same as defined in section 728.1.
10 Sec. 2. Section 728.1, Code 2022, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 1A. “Hard-core pornography” means material
13depicting patently offensive representations of oral, anal, or
14vaginal intercourse, actual or simulated, involving humans, or
15depicting patently offensive representations of masturbation,
16excretory functions, or bestiality, or lewd exhibition of the
17genitals, which the average adult taking the material as a
18whole in applying statewide contemporary community standards
19would find appeals to the prurient interest; and which
20material, taken as a whole, lacks serious literary, scientific,
21political, or artistic value.
22 Sec. 3. NEW SECTION. 728.2A Obscene material and hard-core
23pornography in schools and school libraries.
241. As used in this section, unless the context otherwise
25requires:
26a. “Administrator” means and includes a school
27superintendent, assistant superintendent, educational
28director, principal, assistant principal, and other
29individuals authorized to assist in performing noninstructional
30administrative duties.
31b. “School” means and includes all of the following:
32(1) A charter school established in accordance with section
33256E.2.
34(2) A nonpublic school, as that term is defined in section
35280.2.
-1- 1(3) A public school district, as described in chapter 274.
2c. “Student” means an individual who is enrolled in and
3attending a school in kindergarten through grade twelve.
4d. “Teacher” means the same defined in section 272.1.
52. A school shall designate at least one administrator to
6ensure that no obscene material or hard-core pornography is
7present and available to students in a library operated by the
8school that the administrator supervises or directs.
93. a. An administrator who knowingly provides obscene
10material or hard-core pornography to a student in a library
11operated by the school that the administrator supervises or
12directs shall be guilty of a serious misdemeanor.
13b. A teacher who knowingly requires a student to read or
14view obscene material or hard-core pornography as part of the
15teacher’s instructional program or curriculum shall be guilty
16of a serious misdemeanor.
174. a. A parent or guardian of a student alleging a
18violation of subsection 3 by an administrator or teacher may
19bring a civil action for injunctive relief against the school
20that employs the administrator or teacher to prohibit the
21administrator or teacher from continuing such violation.
22b. If a parent or guardian is the prevailing party in a
23civil action instituted pursuant to paragraph “a”, all of the
24following shall apply:
25(1) The court shall award reasonable attorney fees to the
26parent or guardian.
27(2) The court shall assess a civil penalty against the
28school that employs the administrator or teacher, not to
29exceed five hundred dollars per day for each day a violation
30occurs during the pendency of the civil action. However, the
31court shall not assess the civil penalty provided in this
32subparagraph for a violation of subsection 3, paragraph “a”, if
33the administrator or the school that employs the administrator
34removes the obscene material or hard-core pornography from
35the library operated by the school during the pendency of the
-2-1civil action. Revenue from the civil penalty provided in this
2subparagraph shall be remitted to the treasurer of state for
3deposit in the general fund of the state.
4(3) The clerk of court shall send a copy of the court’s
5order issued pursuant to paragraph “a” and a copy of this
6section by restricted certified mail, return receipt requested,
7to the county attorney of the county in which the school that
8employs the administrator or teacher in violation of subsection
93 is located.
105. A county attorney shall file a criminal action on behalf
11of the state against the administrator or teacher in violation
12of subsection 3 within sixty days of the county attorney’s
13receipt of information from any person who provides the county
14attorney with probable cause that a violation of subsection 3
15has occurred. The county attorney’s receipt of a copy of a
16court’s injunctive order provided by the clerk of court issued
17pursuant to subsection 4 along with subsequent information
18that a violation of subsection 3 is continuing to occur shall
19constitute probable cause that a violation of subsection 3 has
20occurred.
216. a. If a county attorney fails to institute a criminal
22action on behalf of the state within sixty days of the county
23attorney’s receipt of information from any person who provides
24the county attorney with probable cause that a violation of
25subsection 3 has occurred, the parent or guardian of the
26student who was injured by the violation of subsection 3 may
27bring a civil action for damages against the county attorney.
28Damages awarded pursuant to this subsection shall include all
29of the following:
30(1) Actual damages for injuries resulting from a violation
31of subsection 3.
32(2) A penalty in an amount determined by the court, but not
33less than one thousand dollars per day for each day the county
34attorney fails to institute a criminal action in accordance
35with this subsection.
-3- 1b. The state of Iowa hereby waives immunity from suit and
2consents to the jurisdiction of any court in which an action
3is brought against a county attorney respecting any cause of
4action arising out of this subsection. Such action shall be
5heard and determined pursuant to rules otherwise applicable
6to civil actions brought in the particular court having
7jurisdiction of the suit and the parties to the suit shall have
8the right of appeal from any judgment, decree, or decision
9of the trial court to the appropriate appellate court under
10applicable rules of appeal.
11 Sec. 4. Section 728.4, Code 2022, is amended to read as
12follows:
13728.4 Rental or sale of hard-core pornography.
14A person who knowingly rents, sells, or offers for
15rental or sale material depicting patently offensive
16representations of oral, anal, or vaginal intercourse, actual
17or simulated, involving humans, or depicting patently offensive
18representations of masturbation, excretory functions, or
19bestiality, or lewd exhibition of the genitals, which the
20average adult taking the material as a whole in applying
21statewide contemporary community standards would find appeals
22to the prurient interest; and which material, taken as a whole,
23lacks serious literary, scientific, political, or artistic
24value hard-core pornography, upon conviction, is guilty of
25an aggravated misdemeanor. However, second and subsequent
26violations of this section by a person who has been previously
27convicted of violating this section are class “D” felonies.
28Charges under this section may only be brought by a county
29attorney or by the attorney general.
30 Sec. 5. Section 728.7, Code 2022, is amended to read as
31follows:
32728.7 Exemptions for public libraries and educational
33institutions.
34Nothing in this chapter prohibits the use of appropriate
35material for educational purposes in any accredited school,
-4-1or any public library, or in any educational program in which
2the minor is participating. Nothing in this chapter prohibits
3the attendance of minors at an exhibition or display of art
4works or the use of any materials in any public library. For
5purposes of this section, “appropriate material” does not
6include obscene material or hard-core pornography.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the prohibition of certain specified
11materials in schools and school libraries.
12The bill requires a school to designate at least one
13administrator to ensure that no obscene material or hard-core
14pornography is present and available to students in a library
15operated by the school that the administrator supervises or
16directs.
17The bill prohibits an administrator from knowingly providing
18obscene material or hard-core pornography to students in
19a library operated by the school that the administrator
20supervises or directs. The bill also prohibits a teacher from
21knowingly requiring a student to read or view obscene material
22or hard-core pornography as part of the teacher’s instructional
23program or curriculum. The bill provides that an administrator
24or teacher who violates either of these provisions is guilty
25of a serious misdemeanor. A serious misdemeanor is punishable
26by confinement for no more than one year and a fine of at least
27$430 but not more than $2,560. The bill requires the board of
28educational examiners to adopt rules that require the board to
29disqualify an applicant for a license or to revoke a person’s
30license for a violation of either of these provisions.
31The bill authorizes a parent or guardian of a student
32alleging a violation of the bill’s provisions to bring a civil
33action for injunctive relief against the school that employs an
34administrator or teacher in violation of the bill. The bill
35requires a court to award reasonable attorney fees to a parent
-5-1or guardian who prevails in this civil action.
2The bill provides that if a parent or guardian is the
3prevailing party in the civil action, the court shall assess a
4civil penalty against the school that employs the administrator
5or teacher, not to exceed $500 per day for each day a violation
6occurs during the pendency of the civil action, unless certain
7limited exceptions apply. The bill requires revenue from the
8civil penalty to be remitted to the treasurer of state for
9deposit in the general fund of the state.
10The bill provides that if a parent or guardian is the
11prevailing party in the civil action, the clerk of court
12shall send a copy of the court’s order and a copy of the law
13by certified mail to the county attorney of the county in
14which the school that employs the administrator or teacher who
15violated the bill’s provisions is located.
16The bill requires the county attorney of the county in
17which the school is located to file a criminal action against
18the administrator or teacher in violation of the bill within
1960 days of the county attorney’s receipt of information
20that provides the county attorney with probable cause that a
21violation of the bill’s provisions has occurred. The bill
22provides that the county attorney’s receipt of a copy of a
23court’s injunctive order provided by the clerk of court along
24with subsequent information that a violation of the bill’s
25provisions is continuing to occur shall constitute probable
26cause that a violation of the bill’s criminal provision has
27occurred.
28The bill provides that if a county attorney fails to file a
29criminal action on behalf of the state within 60 days of the
30receipt of information that provides the county attorney with
31probable cause that a violation of the bill’s provisions has
32occurred, the parent or guardian of the student who was injured
33by the violation may bring a civil action for damages against
34the county attorney. Additionally, the bill provides that the
35damages shall include both actual damages and a penalty not
-6-1less than $1,000 per day for each day the county attorney fails
2to file a criminal action. The bill waives immunity for a
3county attorney in any cause of action brought against a county
4attorney under the bill.
5Current law provides that Code chapter 728 does not prohibit
6the use of appropriate material for educational purposes in any
7accredited school, public library, or educational program in
8which the minor is participating, and does not prohibit the
9attendance of minors at an exhibition or display of art works
10or the use of any materials in any public library. The bill
11provides that, for purposes of this provision, appropriate
12material does not include obscene material or hard-core
13pornography.
14The bill contains definitions for “administrator”,
15“hard-core pornography”, “school”, “student”, and “teacher”.
16The bill makes conforming Code changes to Code section 728.4
17(rental or sale of hard-core pornography).
-7-jda/rh