The bill amends Section 728.2 of the Iowa Code to establish stricter penalties for the dissemination and exhibition of obscene material to minors. It specifies that any person eighteen years of age or older, excluding a minor's parent or guardian, who knowingly disseminates or exhibits obscene material to a minor will face penalties based on the number of offenses. For a first offense, the individual will be charged with a serious misdemeanor. A second offense will result in an aggravated misdemeanor with a mandatory minimum confinement of one year, while a third or subsequent offense will be classified as a class D felony with a mandatory minimum confinement of three years. Importantly, no part of these mandatory minimum terms can be deferred or suspended.

Additionally, the bill introduces a new section, 728.2A, which addresses the actions of minors. It states that any person under the age of eighteen who knowingly distributes obscene material to another minor will also be guilty of a public offense and, upon conviction, will face a serious misdemeanor charge. This expansion of the law aims to hold both adults and minors accountable for the distribution of obscene material, thereby enhancing protections for minors against exposure to such content.

Statutes affected:
Introduced: 728.2
Reprinted: 728.2