House File 306 - Introduced HOUSE FILE 306 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 64) A BILL FOR An Act relating to the dissemination and exhibition of obscene 1 material to minors and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1165HV (2) 91 as/js
H.F. 306 Section 1. Section 728.2, Code 2025, is amended to read as 1 follows: 2 728.2 Dissemination and exhibition of obscene material to 3 minors. 4 Any person, other than the parent or guardian of the minor, 5 who knowingly disseminates or exhibits obscene material to a 6 minor, including the exhibition of obscene material so that 7 it can be observed by a minor on or off the premises where it 8 is displayed, is guilty of a public offense and shall upon 9 conviction be guilty of a serious misdemeanor. as follows: 10 1. For a first offense, a serious misdemeanor. 11 2. For a second offense, an aggravated misdemeanor with a 12 mandatory minimum term of confinement of one year. No portion 13 of the mandatory minimum term of confinement imposed by this 14 subsection shall be deferred or suspended. 15 3. For a third or subsequent offense, a class D felony 16 with a mandatory minimum term of confinement of three years. 17 No portion of the mandatory minimum term of confinement imposed 18 by this subsection shall be deferred or suspended. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanations substance by the members of the general assembly. 22 This bill relates to the dissemination and exhibition of 23 obscene material to minors. 24 Current law provides that any person, other than the parent 25 or guardian of the minor, who knowingly disseminates or 26 exhibits obscene material, including the exhibition of obscene 27 material so that it can be observed by a minor on or off the 28 premises where it is displayed, commits a serious misdemeanor. 29 The bill maintains a serious misdemeanor for a first offense. 30 A second offense is an aggravated misdemeanor with a mandatory 31 minimum term of confinement of one year. A third or subsequent 32 offense is a class D felony with a mandatory minimum term 33 of confinement of three years. No portion of the mandatory 34 minimum sentence may be deferred or suspended. 35 -1- LSB 1165HV (2) 91 as/js 1/ 2
H.F. 306 A serious misdemeanor is punishable by confinement for no 1 more than one year and a fine of at least $430 but not more than 2 $2,560. An aggravated misdemeanor is punishable by confinement 3 for no more than two years and a fine of at least $855 but 4 not more than $8,540. A class D felony is punishable by 5 confinement for no more than five years and a fine of at least 6 $1,025 but not more than $10,245. 7 A violation of Code section 728.2 is a tier I sex offense and 8 a person convicted of the offense is required to register as a 9 sex offender for a period of 10 years. 10 -2- LSB 1165HV (2) 91 as/js 2/ 2