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House
File
51
-
Introduced
HOUSE
FILE
51
BY
FETT
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
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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.
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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
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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
Sec.
8.
REPEAL.
Section
728.7,
Code
2025,
is
repealed.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
obscenity,
including
the
exposure
of
a
32
minor
to
an
obscene
performance
and
admittance
of
a
minor
to
a
33
premises
with
obscene
performances,
and
establishes
a
private
34
civil
cause
of
action.
35
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The
bill
defines
“obscene
performance”
as
a
visual
1
performance
by
a
person,
whether
compensated
or
uncompensated,
2
that
exposes
the
person’s
genitals,
pubic
area,
buttocks,
or
3
female
breast,
including
prosthetics
and
artificial
sexual
4
organs
or
substitutes
therefor,
or
involves
the
person
5
engaging
in
a
sex
act,
masturbation,
excretory
function,
or
6
sadomasochistic
abuse,
which
the
average
person,
viewing
the
7
performance
as
a
whole
and
applying
contemporary
community
8
standards
with
respect
to
what
is
suitable
to
be
viewed
by
9
minors,
would
find
appeals
to
the
prurient
interest
and
is
10
patently
offensive,
and
the
performance
taken
as
a
whole
lacks
11
serious
artistic,
literary,
political,
or
scientific
value.
12
The
bill
provides
that
the
office
of
attorney
general
or
the
13
county
attorney
of
the
county
in
which
a
violation
occurs
shall
14
enforce
the
provisions
of
Code
chapter
728
(obscenity).
15
The
bill
provides
that
any
person
who
knowingly
exposes
16
a
minor
to
an
“obscene
performance”
is
guilty
of
a
public
17
offense
and
shall
upon
conviction
be
guilty
of
an
aggravated
18
misdemeanor.
19
The
bill
provides
that
a
person
who
knowingly
sells,
gives,
20
delivers,
or
provides
a
minor
who
is
not
a
child
a
pass
or
21
admits
the
minor
to
premises
where
an
obscene
performance
is
22
performed
is
guilty
of
a
serious
misdemeanor.
A
person
who
23
knowingly
sells,
gives,
delivers,
or
provides
a
child
a
pass
or
24
admits
the
minor
to
premises
where
an
obscene
performance
is
25
performed
is
guilty
of
an
aggravated
misdemeanor.
A
minor
is
a
26
person
under
18
years
of
age,
and
a
child
is
a
person
under
14
27
years
of
age.
28
The
bill
establishes
a
private
civil
cause
of
action
for
29
a
parent
or
guardian
of
a
minor,
or
a
minor
upon
reaching
30
18
years
of
age,
to
whom
obscene
material
has
been
knowingly
31
disseminated
or
exhibited,
or
who
was
exposed
to
an
obscene
32
performance.
A
cause
of
action
may
be
brought
against
any
33
person
that
has
knowingly
disseminated
or
exhibited
obscene
34
material
to
the
minor
or
who
engaged
in
or
caused
or
allowed
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a
person
to
knowingly
engage
in
an
obscene
performance
in
the
1
presence
of
the
minor
for
any
of
the
following
remedies:
a
2
declaratory
judgment;
injunctive
relief;
actual,
incidental,
3
and
consequential
damages;
punitive
damages,
if
appropriate;
4
and
any
other
equitable
relief
that
the
court
deems
5
appropriate.
The
minimum
award
of
damages
shall
be
$10,000.
6
An
action
may
be
commenced
by
a
parent
or
guardian
within
two
7
years
of
a
violation.
An
action
for
a
violation
brought
by
8
a
person
who
was
a
minor
at
the
time
of
a
violation
shall
be
9
found
within
10
years
after
the
person
upon
whom
the
offense
is
10
committed
attains
18
years
of
age.
11
The
bill
provides
that
no
public
institution,
public
12
facility,
public
equipment,
or
other
physical
asset
that
is
13
owned,
leased,
or
controlled
by
this
state
or
a
political
14
subdivision
of
this
state
shall
be
used
for
a
show,
exhibition,
15
or
performance
that
includes
obscene
material
or
obscene
16
performances.
No
public
institution
or
facility
shall
lease,
17
sell,
or
permit
the
subleasing
of
its
facilities
or
property
18
for
the
purpose
of
shows,
exhibitions,
or
performances
that
19
include
obscene
material
or
obscene
performances.
No
public
20
funds
made
available
by
the
state
or
a
political
subdivision
21
of
this
state
that
are
distributed
by
an
institution,
board,
22
commission,
department,
agency,
official,
or
an
employee
of
the
23
state
or
political
subdivision
shall
be
used
for
the
purpose
24
of
shows,
exhibitions,
or
performances
that
include
obscene
25
material
or
obscene
performances.
The
bill
does
not
apply
to
26
obscene
materials
that
are
sent
or
received
as
part
of
a
law
27
enforcement
investigation
or
are
authorized
by
law
to
be
sent
28
or
received.
29
The
bill
provides
that
any
public
officer
or
employee,
or
30
any
person
acting
under
color
of
such
office
or
employment,
who
31
knowingly
allows
a
public
institution
or
funds
to
be
used
for
32
the
purpose
of
shows,
exhibitions,
or
performances
that
include
33
obscene
material
or
obscene
performances
commits
a
serious
34
misdemeanor.
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The
bill
repeals
Code
section
728.7
(exemptions
for
public
1
libraries
and
educational
institutions),
which
provides
that
2
nothing
in
Code
chapter
728
prohibits
the
use
of
appropriate
3
material
for
educational
purposes
in
any
accredited
school,
4
or
any
public
library,
or
in
any
educational
program
in
which
5
the
minor
is
participating
and
nothing
in
Code
chapter
728
6
prohibits
the
attendance
of
minors
at
an
exhibition
or
display
7
of
art
works
or
the
use
of
any
materials
in
any
public
library.
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