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 contemporary adult community standards, while lacking serious literary, scientific, political, or artistic value. The bill introduces a new section, 728.13, which prohibits individuals from knowingly engaging in these activities and outlines the penalties: an aggravated misdemeanor for a first offense and a class D felony for subsequent offenses.

Additionally, the bill specifies that a person convicted under this law must register as a tier I sex offender. 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, from its provisions. Furthermore, the bill ensures that internet service providers are not held civilly or criminally liable under this law.

Statutes affected:
Introduced: 692A.102, 728.1