The bill amends Section 728.2 of the Iowa Code regarding the dissemination and exhibition of obscene material to minors. It establishes a tiered penalty system for offenders, replacing the previous classification of a serious misdemeanor for all offenses. Under the new provisions, a first offense remains a serious misdemeanor, while a second offense escalates to an aggravated misdemeanor with a mandatory minimum confinement of one year. For a third or subsequent offense, the crime is classified as a class D felony, carrying a mandatory minimum term of confinement of three years. Importantly, no portion of these mandatory minimum sentences can be deferred or suspended.

In addition to the changes in penalties, the bill retains the requirement for individuals convicted under this section to register as sex offenders for a period of 10 years, as the violation is classified as a tier I sex offense. The penalties for serious misdemeanors, aggravated misdemeanors, and class D felonies are also outlined, detailing the maximum confinement periods and fines associated with each classification. This legislative change aims to strengthen the legal framework surrounding the protection of minors from exposure to obscene material.

Statutes affected:
Introduced: 728.2