This bill addresses the production, distribution, receipt, or possession of obscene materials involving minors, establishing clear definitions and penalties for violations. It defines "obscene material involving a minor" as any visual depiction that shows a minor engaging in a prohibited sexual act, which would be deemed appealing to prurient interest and patently offensive by the average person, while lacking serious literary, scientific, political, or artistic value. The bill prohibits individuals from knowingly engaging in these activities and outlines that a first offense is classified as an aggravated misdemeanor, while a second or subsequent offense is classified as a class D felony.
Additionally, the bill stipulates that individuals convicted under this law must register as tier I sex offenders. It clarifies that the existence of the depicted minor is not a requirement for prosecution and exempts bona fide law enforcement or judicial activities, as well as educational materials used in accredited schools or public libraries. The penalties for violations include confinement and fines, with specific ranges provided for both aggravated misdemeanors and class D felonies.
Statutes affected: Introduced: 692A.102, 728.1