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House
File
826
-
Introduced
HOUSE
FILE
826
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
81)
A
BILL
FOR
An
Act
relating
to
obscene
materials
involving
minors,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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826
Section
1.
Section
692A.102,
subsection
1,
paragraph
1
a,
subparagraph
(10),
Code
2025,
is
amended
by
adding
the
2
following
new
subparagraph
division:
3
NEW
SUBPARAGRAPH
DIVISION
.
(c)
Production,
distribution,
4
receipt,
or
possession
of,
or
attempt
to
produce,
distribute,
5
receive,
or
possess,
obscene
material
involving
a
minor,
in
6
violation
of
section
728.13.
7
Sec.
2.
Section
728.1,
Code
2025,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
5A.
“Obscene
material
involving
a
minor”
10
means
any
visual
depiction
that
is
all
of
the
following:
11
a.
A
depiction
or
apparent
depiction
of
a
minor
engaging
in
12
a
prohibited
sexual
act,
as
defined
in
section
728.1.
13
b.
Appealing
to
the
prurient
interest
as
would
be
found
by
14
the
average
person,
taking
the
visual
depiction
as
a
whole
and
15
applying
contemporary
adult
community
standards.
16
c.
Patently
offensive
as
would
be
found
by
the
average
17
person,
taking
the
visual
depiction
as
a
whole
and
applying
18
contemporary
adult
community
standards.
19
d.
Lacking
of
serious
literary,
scientific,
political,
or
20
artistic
value
when
taken
as
a
whole.
21
Sec.
3.
NEW
SECTION
.
728.13
Production
or
distribution
of
22
obscene
material
involving
a
minor.
23
1.
A
person
shall
not
knowingly
produce,
distribute,
24
receive,
or
possess
with
the
intent
to
distribute,
or
attempt
25
to
produce,
distribute,
receive,
or
possess
with
the
intent
to
26
distribute,
any
obscene
material
involving
a
minor.
27
2.
A
person
who
violates
this
section
commits
an
aggravated
28
misdemeanor
for
a
first
offense
and
a
class
“D”
felony
for
a
29
second
or
subsequent
offense.
For
purposes
of
this
section,
30
an
offense
is
considered
a
second
or
subsequent
offense
if,
31
prior
to
the
person’s
having
been
convicted
under
this
section,
32
the
person
has
a
prior
conviction
or
deferred
judgment
for
a
33
violation
of
this
section,
section
728.2,
728.3,
728.12,
or
34
728.15,
any
provision
under
chapter
709
involving
a
minor,
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826
or
any
sex
offense
against
a
minor
that
requires
a
person
to
1
register
as
a
sex
offender
under
chapter
692A,
or
a
prior
2
conviction
or
deferred
judgment
in
another
jurisdiction
for
3
a
substantially
similar
offense.
The
court
shall
judicially
4
notice
the
statutes
of
other
states
that
define
offenses
5
substantially
similar
to
the
offense
defined
in
this
section
6
and
that
therefore
can
be
considered
corresponding
statutes.
7
3.
This
section
does
not
require
that
the
minor
depicted
8
actually
exists.
9
4.
This
section
shall
not
apply
to
any
bona
fide
law
10
enforcement
or
judicial
activity,
or
to
any
material
used
11
for
educational
purposes
in
any
accredited
school
or
public
12
library,
or
in
any
educational
program.
13
5.
This
section
shall
not
be
construed
to
impose
civil
or
14
criminal
liability
on
an
internet
service
provider.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
obscene
materials
involving
minors.
19
The
bill
defines
“obscene
material
involving
a
minor”
as
20
any
visual
depiction
that
depicts
or
appears
to
depict
a
21
minor
engaging
in
a
prohibited
sexual
act
that
the
average
22
person,
taking
the
visual
depiction
as
a
whole
and
applying
23
contemporary
adult
community
standards,
would
find
appeals
24
to
the
prurient
interest
and
is
patently
offensive,
and,
25
when
taken
as
a
whole,
lacks
serious
literary,
scientific,
26
political,
or
artistic
value.
27
The
bill
prohibits
a
person
from
knowingly
producing,
28
distributing,
receiving,
or
possessing
with
the
intent
29
to
distribute
any
obscene
material
involving
a
minor,
30
or
attempting
any
such
conduct.
A
person
who
commits
a
31
violation
of
the
bill
commits
an
aggravated
misdemeanor
32
for
a
first
offense
and
a
class
“D”
felony
for
a
second
or
33
subsequent
offense.
An
aggravated
misdemeanor
is
punishable
34
by
confinement
for
no
more
than
two
years
and
a
fine
of
at
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826
least
$855
but
not
more
than
$8,540.
A
class
“D”
felony
is
1
punishable
by
confinement
for
no
more
than
five
years
and
a
2
fine
of
at
least
$1,025
but
not
more
than
$10,245.
The
bill
3
provides
that
a
person
convicted
of
production,
distribution,
4
receipt,
or
possession
of
obscene
materials
involving
minors,
5
or
attempting
any
such
conduct,
must
register
as
a
tier
I
sex
6
offender.
7
The
bill
does
not
require
that
the
minor
depicted
actually
8
exists.
9
The
bill
does
not
apply
to
any
bona
fide
law
enforcement
10
or
judicial
activity,
or
to
any
material
used
for
educational
11
purposes
in
any
accredited
school
or
any
public
library,
or
in
12
any
educational
program.
13
The
bill
does
not
impose
civil
or
criminal
liability
on
an
14
internet
service
provider.
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