Read the full stored bill text
Senate
File
2159
-
Introduced
SENATE
FILE
2159
BY
SALMON
A
BILL
FOR
An
Act
relating
to
materials
used
for
prurient
purposes,
1
including
age
verification
requirements
for
certain
2
commercial
entities,
prohibitions
on
the
publication,
3
distribution,
creation,
or
development
of
prohibited
4
material,
and
prohibitions
on
child
sexual
exploitation
5
material,
and
providing
civil
penalties.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
PROHIBITED
MATERIALS
ON
THE
INTERNET
2
Section
1.
NEW
SECTION
.
554J.1
Definitions.
3
For
purposes
of
this
chapter:
4
1.
“Child
sexual
abuse
material”
means
the
same
as
child
5
pornography
as
that
term
is
defined
in
18
U.S.C.
§2256.
6
2.
“Commercial
entity”
means
any
entity
or
natural
person
7
that
operates
in
whole
or
in
part
for
the
purpose
of
earning
8
pecuniary
gain,
whether
or
not
such
gain
is
actually
realized.
9
3.
“Creation
or
development”
includes
the
use
of
algorithms
10
in
a
manner
that
a
person
knows
allows,
or
is
substantially
11
likely
to
allow,
an
individual
using
an
internet
site
to
access
12
prohibited
material.
13
4.
“Digitized
identification
card”
means
a
data
file
14
described
by
all
of
the
following:
15
a.
The
data
file
contains
all
of
the
data
elements
16
visible
on
the
front
and
back
of
a
state-issued
license
or
17
identification
card
and
displays,
including
but
not
limited
to
18
whether
the
license
or
identification
card
is
currently
valid.
19
b.
The
data
file
is
available
through
the
internet
from
a
20
state-approved
source
that
allows
a
mobile
device
to
download
21
the
data
file
from
a
state
agency
or
an
authorized
agent
of
a
22
state
agency.
23
5.
“Distribute”
means
to
issue,
sell,
give,
provide,
24
deliver,
transfer,
transmute,
circulate,
or
disseminate
by
any
25
means.
26
6.
“Information
content
provider”
means
a
person
27
responsible,
in
whole
or
in
part,
for
creating
or
developing
28
information
provided
through
an
interactive
computer
service.
29
7.
“Interactive
computer
service”
means
the
same
as
defined
30
in
47
U.S.C.
§230.
31
8.
“Knowingly
and
intentionally”
means
intentionally
32
engaging
in
conduct,
including
the
use
of
algorithms,
in
a
33
manner
that
the
actor
knows
will
allow,
or
is
substantially
34
likely
to
allow,
an
internet
site
user
to
access
certain
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content.
1
9.
“Material
harmful
to
minors”
means
all
of
the
following:
2
a.
Material
that
the
average
person,
applying
contemporary
3
community
standards,
would
find
taking
the
material
as
a
whole
4
and
with
respect
to
minors,
is
designed
to
appeal
to,
or
is
5
designed
to
pander
to
the
prurient
interest.
6
b.
Material
that
exploits,
is
devoted
to,
or
principally
7
consists
of
descriptions
of
actual,
simulated,
or
animated
8
display
or
depiction
of
any
of
the
following,
in
a
manner
9
patently
offensive
with
respect
to
minors:
10
(1)
Pubic
hair,
anus,
vulva,
genitals,
or
nipple
of
the
11
female
breast.
12
(2)
Touching,
caressing,
or
fondling
of
nipples,
breasts,
13
buttocks,
anuses,
or
genitals.
14
(3)
Sexual
intercourse,
masturbation,
sodomy,
bestiality,
15
oral
copulation,
flagellation,
excretory
functions,
16
exhibitions,
or
any
other
sexual
act.
17
c.
Material
that
taken
as
a
whole
lacks
serious
literary,
18
artistic,
political,
or
scientific
value
for
minors.
19
10.
“Minor”
means
an
individual
that
is
under
eighteen
years
20
of
age.
21
11.
“News-gathering
organization”
means
any
of
the
22
following,
or
an
employee
of
the
following
who
is
operating
23
within
the
scope
of
the
employee’s
employment
and
who
can
24
provide
documentation
of
such
employment:
25
a.
A
newspaper,
news
publication,
or
news
source
that
is
26
printed,
online,
or
available
through
a
mobile
platform.
27
b.
A
radio
broadcast
station.
28
c.
A
television
broadcast
station
or
cable
television
29
operator.
30
d.
A
wire
service.
31
12.
“Obscene
material”
means
all
of
the
following:
32
a.
Material
that
the
average
person,
applying
contemporary
33
community
standards,
would
find
taking
the
material
as
a
whole,
34
lacks
serious
literary,
artistic,
political,
or
scientific
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value,
and
is
designed
to
appeal
to,
or
is
designed
to
pander
1
to
the
prurient
interest.
2
b.
Any
of
the
following
material
that
exploits,
is
devoted
3
to,
or
principally
consists
of
descriptions
of
actual,
4
simulated,
or
animated
display
or
depiction
of
any
of
the
5
following,
in
a
manner
patently
offensive:
6
(1)
Pubic
hair,
anus,
vulva,
genitals,
or
nipple
of
the
7
female
breast.
8
(2)
Touching,
caressing,
or
fondling
of
nipples,
breasts,
9
buttocks,
anuses,
or
genitals.
10
(3)
Sexual
intercourse,
masturbation,
sodomy,
bestiality,
11
oral
copulation,
flagellation,
excretory
functions,
12
exhibitions,
or
any
other
sexual
act.
13
c.
Material
that
taken
as
a
whole
lacks
serious
literary,
14
artistic,
political,
or
scientific
value.
15
13.
“Prohibited
material”
means
all
of
the
following:
16
a.
Child
sexual
abuse
material.
17
b.
Material
harmful
to
minors
that
is
publicly
available
and
18
can
be
accessed
without
reasonable
age
verification.
19
c.
Obscene
material.
20
14.
“Reasonable
age
verification”
means
verifying
that
an
21
individual
is
not
a
minor
by
using
any
of
the
following:
22
a.
Requiring
the
individual
to
provide
a
digitized
23
identification
card
or
mobile
identification.
24
b.
Using
an
independent,
third-party
age
verification
25
service
that
compares
the
personal
information
entered
by
26
an
individual
to
information
available
from
a
commercially
27
available
database,
or
aggregate
of
databases,
that
is
28
regularly
used
by
government
agencies
and
businesses
for
the
29
purpose
of
age
and
identity
verification.
30
c.
Using
a
commercially
reasonable
method
that
relies
on
31
public
or
private
transactional
data
to
verify
the
individual
32
is
not
a
minor.
33
15.
“Transactional
data”
means
a
sequence
of
information
34
that
documents
an
exchange,
agreement,
or
transfer
between
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an
individual,
a
commercial
entity,
or
a
third
party.
1
“Transactional
data”
includes
but
is
not
limited
to
records
from
2
a
mortgage,
education,
or
an
employer.
3
Sec.
2.
NEW
SECTION
.
554J.2
Liability
——
material
harmful
4
to
minors
——
allowing
or
facilitating
internet
access.
5
1.
a.
A
commercial
entity
that
knowingly
and
intentionally
6
facilitates
access
to
material
harmful
to
minors
on
an
internet
7
site,
including
social
media,
of
which
more
than
one-third
of
8
the
content
is
material
harmful
to
minors,
shall
use
reasonable
9
age
verification
to
ensure
that
a
user
attempting
to
access
the
10
internet
site
is
not
a
minor.
11
2.
A
commercial
entity
that
distributes
material
harmful
12
to
minors
on
an
internet
site
shall
use
reasonable
age
13
verification
to
ensure
that
a
user
attempting
to
access
the
14
internet
site
is
not
a
minor.
15
3.
A
commercial
entity
that
knowingly
and
intentionally
16
is
responsible,
in
whole
or
in
part,
for
the
creation
or
17
development
of
material
harmful
to
minors
on
an
internet
site
18
shall
use
reasonable
age
verification
to
ensure
that
a
user
19
attempting
to
access
the
internet
site
is
not
a
minor.
20
4.
A
commercial
entity,
or
a
third
party
that
performs
21
reasonable
age
verification
for
a
commercial
entity,
shall
22
not
retain
identifying
information
about
an
individual
after
23
performing
reasonable
age
verification
on
the
individual.
24
5.
a.
A
commercial
entity
that
violates
subsection
1,
2,
25
or
3
shall
be
civilly
liable
to
a
minor
for
the
minor’s
access
26
to
material
harmful
to
minors.
27
b.
A
parent,
legal
guardian,
or
custodian
for
a
minor
may
28
bring
an
action
under
this
section
on
behalf
of
the
minor.
29
c.
A
minor
may
be
awarded
actual
damages,
reasonable
30
attorney
fees,
reasonable
expert
witness
fees,
court
costs,
and
31
noneconomic
damages
not
less
than
five
thousand
dollars
per
32
violation.
33
6.
A
commercial
entity
or
third
party
that
violates
34
subsection
4
shall
be
civilly
liable
for
actual
damages,
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reasonable
attorney
fees,
and
court
costs
incurred
by
an
1
individual
as
a
result
of
the
commercial
entity
or
third
party
2
retaining
identifying
information.
3
Sec.
3.
NEW
SECTION
.
554J.3
Liability
——
internet
4
distributors,
creators,
developers
——
prohibited
material.
5
1.
A
person
shall
not
knowingly
and
intentionally
allow
or
6
facilitate
access
to,
distribute,
create,
or
develop
prohibited
7
material
on
an
internet
site.
8
2.
a.
A
person
that
violates
subsection
1
shall
be
civilly
9
liable
to
all
of
the
following
as
applicable:
10
(1)
A
minor
depicted
in
or
exposed
to
child
sexual
abuse
11
material.
12
(2)
An
individual
depicted
in
or
exposed
to
obscene
material
13
that
is
not
child
sexual
abuse
material.
14
b.
A
parent,
legal
guardian,
or
custodian
for
a
minor
may
15
bring
an
action
under
this
section
on
behalf
of
the
minor.
16
c.
A
person
may
be
awarded
actual
damages,
reasonable
17
attorney
fees,
reasonable
expert
witness
fees,
court
costs,
and
18
noneconomic
damages
not
less
than
five
thousand
dollars
per
19
violation.
20
Sec.
4.
NEW
SECTION
.
554J.4
Exemptions.
21
1.
This
chapter
shall
not
apply
to
a
bona
fide
news
or
22
public
interest
broadcast,
internet
video,
report,
or
similar
23
event.
24
2.
This
chapter
shall
not
be
construed
to
affect
the
rights
25
of
a
news-gathering
organization
or
require
a
news-gathering
26
organization
to
perform
reasonable
age
verification.
27
3.
a.
An
interactive
computer
service
provider
shall
not
28
be
liable
under
this
chapter
on
account
of
any
action
taken
29
voluntarily
and
in
good
faith
to
remove
or
prevent
access
30
to
prohibited
material,
or
to
enable
or
make
available
to
31
information
content
providers
or
others
the
technical
means
to
32
block
or
prevent
access
to
the
prohibited
material.
33
b.
This
subsection
shall
not
limit
an
interactive
computer
34
service
provider’s
liability
if
any
of
the
following
apply:
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(1)
The
interactive
computer
service
provider
knew
it
1
would
induce,
and
intended
to
induce,
other
persons
to
post
2
prohibited
material
on
the
interactive
computer
service
3
provider’s
internet
site.
4
(2)
The
interactive
computer
service
provider
contributed
5
to
the
character
of
the
prohibited
material.
6
(3)
The
interactive
computer
service
provider
knew
that
7
the
interactive
computer
service
provider
allowed,
or
knew
it
8
was
substantially
likely
that
the
interactive
computer
service
9
provider
allowed,
users
to
access
prohibited
material.
10
(4)
The
interactive
computer
service
provider
otherwise
11
contributes,
in
whole
or
in
part,
to
the
creation
or
12
development
of
prohibited
material.
13
Sec.
5.
NEW
SECTION
.
554J.5
Attorney
general
——
powers.
14
The
attorney
general
may
seek
injunctive
and
other
equitable
15
relief
against
a
person
that
is
in
violation
of
this
chapter.
16
Sec.
6.
NEW
SECTION
.
554J.6
General
provisions.
17
1.
This
chapter
is
intended
to
create
a
statutory
cause
of
18
action
for
knowing
and
intentional
acts
in
violation
of
this
19
chapter.
The
duties
and
liabilities
created
under
this
chapter
20
do
not
depend
on
whether
the
violator
would
be
considered
a
21
publisher
or
distributor
of
prohibited
content
or
would
be
22
considered
in
breach
of
a
standard
of
care
under
one
or
more
23
common
law
causes
of
action.
24
2.
An
individual
may
assert
a
violation
of
this
chapter
as
25
a
claim
in
any
judicial
or
administrative
proceeding
without
26
regard
to
whether
the
proceeding
is
brought
by
or
in
the
name
27
of
the
government,
any
private
person,
or
any
other
party.
28
3.
An
action
under
this
chapter
may
be
commenced,
and
29
relief
may
be
granted,
in
a
court
of
the
state
without
regard
30
to
whether
the
individual
commencing
the
action
has
sought
or
31
exhausted
available
administrative
remedies.
32
4.
Sovereign
immunity
shall
not
be
an
affirmative
defense
in
33
any
action
pursuant
to
this
chapter.
34
5.
Individual
claims
that
satisfy
the
generally
applicable
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standards
for
joinder
or
class
action
elsewhere
provided
by
law
1
or
rules
of
court,
as
applicable,
may
combine
their
claims
in
a
2
single
action.
3
6.
A
person
that
has
violated
this
chapter
in
a
manner
that
4
satisfies
the
standards
for
imposition
of
punitive
damages
5
elsewhere
provided
by
law
may
be
held
liable
for
punitive
6
damages.
7
7.
The
remedies
available
under
this
chapter
may
be
awarded
8
without
regard
to
whether
the
conduct
giving
rise
to
the
remedy
9
resulted
in
a
criminal
conviction.
10
8.
In
an
action
under
this
chapter,
contributory
fault
11
shall
not
bar
a
claimant’s
recovery,
and
no
claimant
shall
be
12
allocated
fault
under
chapter
668.
One
hundred
percent
of
the
13
fault
in
any
such
action
shall
be
allocated
under
section
668.3
14
to
persons,
other
than
the
claimant
or
claimants,
found
to
be
15
causally
at
fault.
No
party
may
disclose
to
the
trier
of
fact
16
the
impact
of
this
subsection.
17
9.
A
judge,
agent,
or
employee
of
a
court,
or
an
attorney
or
18
agent
or
employee
of
an
attorney,
who
views
obscene
material,
19
or
material
that
depicts,
describes,
or
promotes
child
sexual
20
abuse
material,
is
not
criminally
responsible
or
civilly
liable
21
when
viewing
or
possessing
such
material
in
good
faith
during
22
the
course
of
a
judicial
process
or
the
representation
of
a
23
client
or
potential
client,
and
while
acting
within
the
scope
24
of
such
judicial
process,
representation,
employment,
or
agency
25
relationship.
26
DIVISION
II
27
CHILD
SEXUAL
EXPLOITATION
MATERIAL
28
Sec.
7.
Section
728.1,
Code
2026,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
01.
“Child
sexual
exploitation
material”
31
means
an
anatomically
correct
mannequin,
robot,
doll,
device,
32
or
image
that
is
intended
for
use
in
sexual
acts
and
that
has
33
features
that
resemble
a
minor.
34
Sec.
8.
NEW
SECTION
.
728.17
Devices
and
images
resembling
35
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minors.
1
1.
A
person
who
knowingly
buys,
sells,
delivers,
possesses,
2
or
distributes
child
sexual
exploitation
material
violates
this
3
section.
4
2.
A
person
in
violation
of
this
section
shall
be
subject
to
5
a
civil
penalty
in
an
amount
not
to
exceed
ten
thousand
dollars
6
for
each
violation.
A
civil
penalty
collected
by
the
state
7
under
this
paragraph
shall
be
deposited
in
the
general
fund
of
8
the
state.
9
3.
a.
An
individual
whose
image
or
likeness
is
represented
10
by
child
sexual
exploitation
material
shall
have
a
cause
of
11
action
against
a
person
who
bought,
sold,
delivered,
possessed,
12
or
distributed
the
child
sexual
exploitation
material
that
13
represents
the
individual’s
image
or
likeness.
14
b.
An
individual
with
a
cause
of
action
under
paragraph
“a”
15
shall
be
entitled
to
actual
damages,
reasonable
attorney
fees,
16
reasonable
expert
witness
fees,
court
costs,
and
noneconomic
17
damages
in
an
amount
not
less
than
five
thousand
dollars
per
18
violation.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
materials
used
for
prurient
purposes.
23
DIVISION
I
——
PROHIBITED
MATERIALS
ON
THE
INTERNET.
The
bill
24
defines
“child
sexual
abuse
material”,
“commercial
entity”,
25
“creation
or
development”,
“digitized
identification
card”,
26
“distribute”,
“information
content
provider”,
“interactive
27
computer
service”,
“knowingly
and
intentionally”,
“material
28
harmful
to
minors”,
“minor”,
“news-gathering
organization”,
29
“obscene
material”,
“prohibited
material”,
“reasonable
age
30
verification”,
and
“transactional
data”.
31
The
bill
provides
that
a
commercial
entity
that
knowingly
32
and
intentionally
publishes
or
distributes
material
harmful
33
to
minors
on
an
internet
site,
of
which
more
than
one-third
34
of
the
content
is
material
harmful
to
minors,
shall
use
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reasonable
age
verification
to
ensure
that
a
user
attempting
1
to
access
the
internet
site
is
not
a
minor.
The
bill
makes
2
the
same
requirement
for
commercial
entities
that
distribute
3
material
harmful
to
minors
on
an
internet
site
and
commercial
4
entities
that
are
responsible
for
the
creation
or
development
5
of
material
harmful
to
minors.
6
The
bill
prohibits
a
commercial
entity,
or
a
third
party
that
7
performs
reasonable
age
verification
for
a
commercial
entity,
8
from
retaining
identifying
information
about
an
individual
9
after
performing
reasonable
age
verification
on
the
individual.
10
The
bill
makes
a
commercial
entity
that
allows
a
minor
to
11
access
material
harmful
to
minors
civilly
liable
to
the
minor
12
as
detailed
in
the
bill.
A
commercial
entity,
or
a
third
party
13
that
performs
reasonable
age
verification
for
a
commercial
14
entity,
will
be
civilly
liable
as
detailed
in
the
bill
for
15
retaining
identifying
information
after
performing
reasonable
16
age
verification
on
an
individual.
17
The
bill
prohibits
any
person
from
allowing
or
facilitating,
18
distributing,
creating,
or
developing
prohibited
material
on
19
an
internet
site,
and
makes
a
person
in
violation
of
this
20
provision
of
the
bill
civilly
liable,
as
detailed
in
the
21
bill,
to
a
minor
depicted
in
or
exposed
to
child
sexual
abuse
22
material,
or
an
individual
depicted
in
or
exposed
to
obscene
23
material
that
is
not
child
sexual
abuse
material.
24
The
bill
exempts
bona
fide
news
or
public
interest
25
broadcasts,
internet
videos,
reports,
or
similar
events
from
26
the
bill’s
provisions.
The
bill
shall
not
be
construed
to
27
affect
the
rights
of
a
news-gathering
organization
or
require
28
a
news-gathering
organization
to
perform
reasonable
age
29
verification.
30
The
bill
exempts
an
interactive
computer
service
provider
31
(service
provider)
from
liability
under
the
bill
on
account
32
of
any
action
taken
voluntarily
and
in
good
faith
to
remove
33
or
prevent
access
to
prohibited
material,
or
to
enable
or
34
make
available
to
information
content
providers
or
others
the
35
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technical
means
to
block
or
prevent
access
to
the
prohibited
1
material.
2
The
bill
details
when
a
service
provider
is
not
exempt
from
3
the
bill.
4
The
bill
allows
the
attorney
general
to
seek
injunctive
and
5
other
equitable
relief
against
a
person
in
violation
of
the
6
bill.
7
The
bill
is
intended
to
create
a
statutory
cause
of
action
8
for
knowing
and
intentional
acts
in
violation
of
the
bill.
9
The
duties
and
liabilities
created
in
the
bill
do
not
depend
10
on
whether
a
violator
would
be
considered
a
publisher
or
11
distributor
of
prohibited
content
or
would
be
considered
in
12
breach
of
a
standard
of
care
under
one
or
more
common
law
13
causes
of
action.
14
The
bill
allows
an
individual
to
assert
a
violation
of
the
15
bill
as
a
claim
in
any
judicial
or
administrative
proceeding
16
without
regard
to
whether
the
proceeding
is
brought
by
or
in
17
the
name
of
the
government,
any
private
person,
or
any
other
18
party.
19
The
bill
allows
an
action
under
the
bill
to
commence,
and
20
relief
to
be
granted,
in
a
court
of
the
state
without
regard
21
to
whether
the
individual
commencing
the
action
has
sought
or
22
exhausted
available
administrative
remedies.
23
Sovereign
immunity
shall
not
be
an
affirmative
defense
in
24
any
action
pursuant
to
the
bill.
25
The
bill
allows
individual
claims
that
satisfy
the
generally
26
applicable
standards
for
joinder
or
class
action
elsewhere
27
provided
by
law
or
rules
of
court,
as
applicable,
to
combine
28
their
claims
in
a
single
action.
29
The
bill
allows
for
the
imposition
of
punitive
damages
if
30
a
person
violates
the
bill
in
a
manner
that
satisfies
the
31
standards
for
imposition
of
punitive
damages
elsewhere
provided
32
by
law.
33
Remedies
available
under
the
bill
may
be
awarded
without
34
regard
to
whether
the
conduct
giving
rise
to
the
remedy
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resulted
in
a
criminal
conviction.
1
The
bill
does
not
allow
contributory
fault
to
bar
a
2
claimant’s
recovery,
and
no
claimant
shall
be
allocated
fault
3
under
Code
chapter
668
(liability
in
tort
——
comparative
4
fault).
One
hundred
percent
of
the
fault
in
any
such
action
5
shall
be
allocated
to
persons,
other
than
the
claimant
or
6
claimants,
found
to
be
causally
at
fault.
No
party
may
7
disclose
to
the
trier
of
fact
the
impact
of
this
provision.
8
The
bill
exempts
a
judge,
agent
or
employee
of
a
court,
or
an
9
attorney
or
agent
or
employee
of
an
attorney,
who
views
obscene
10
material,
or
material
that
depicts,
describes,
or
promotes
11
child
pornography
or
child
sexual
exploitation,
from
criminal
12
responsibility
and
civil
liability
when
viewing
or
possessing
13
such
material
in
good
faith
during
the
course
of
a
judicial
14
process
or
the
representation
of
a
client
or
potential
client,
15
and
while
acting
within
the
scope
of
such
judicial
process,
16
representation,
employment,
or
agency
relationship.
17
DIVISION
II
——
CHILD
SEXUAL
EXPLOITATION
MATERIAL.
The
bill
18
defines
“child
sexual
exploitation
material”
as
an
anatomically
19
correct
mannequin,
robot,
doll,
device,
or
image
that
is
20
intended
for
use
in
sexual
acts
and
that
has
features
that
21
resemble
a
minor.
22
A
person
who
knowingly
buys,
sells,
delivers,
possesses,
or
23
distributes
child
sexual
exploitation
material
(CSEM)
is
in
24
violation
of
the
bill.
A
person
who
violates
this
provision
is
25
subject
to
a
civil
penalty
in
an
amount
not
to
exceed
$10,000
26
for
each
violation.
Such
a
civil
penalty
collected
by
the
27
state
shall
be
deposited
in
the
general
fund
of
the
state.
28
The
bill
provides
an
individual
whose
image
or
likeness
29
is
represented
by
CSEM
a
cause
of
action
against
a
person
30
who
bought,
sold,
delivered,
possessed,
or
distributed
the
31
CSEM
that
represents
the
individual’s
image
or
likeness,
and
32
allows
the
individual
to
collect
actual
damages,
reasonable
33
attorney
fees,
reasonable
expert
witness
fees,
court
costs,
34
and
noneconomic
damages
in
an
amount
not
less
than
$5,000
per
35
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violation.
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