Bill
Bill > HF81
IA HF81
IA HF81A bill for an act relating to obscene materials involving minors, and providing penalties.(See HF 826.)
summary
Introduced
01/16/2025
01/16/2025
In Committee
01/16/2025
01/16/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill relates to obscene materials involving minors. The bill defines “obscene material involving a minor” as any visual depiction that depicts or appears to depict a minor engaging in a prohibited sexual act that the average person, taking the visual depiction as a whole and applying contemporary adult community standards, would find appeals to the prurient interest and is patently offensive, and, when taken as a whole, lacks serious literary, scientific, political, or artistic value. The bill prohibits a person from knowingly producing, distributing, receiving, or possessing with the intent to distribute any obscene material involving a minor, or attempting any such conduct. A person who commits a violation of the bill commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill provides that a person convicted of production, distribution, receipt, or possession of obscene materials involving minors, or attempting any such conduct, must register as a tier I sex offender. The bill does not require that the minor depicted actually exists. The bill does not apply to any bona fide law enforcement or judicial activity, or to any material used for educational purposes in any accredited school or any public library, or in any educational program.
AI Summary
This bill establishes new legal provisions regarding obscene materials involving minors, creating a comprehensive framework to criminalize the production, distribution, receipt, and possession of such materials. The bill defines "obscene material involving a minor" as any visual depiction that depicts a minor engaging in a prohibited sexual act, which would appeal to prurient interest, be considered patently offensive by community standards, and lack serious literary, scientific, political, or artistic value. Individuals who knowingly engage in these prohibited activities would face significant legal consequences, with a first offense classified as an aggravated misdemeanor (punishable by up to two years in confinement and a fine between $855 and $8,540) and subsequent offenses classified as a class "D" felony (punishable by up to five years in confinement and a fine between $1,025 and $10,245). Additionally, individuals convicted under this law would be required to register as a tier I sex offender. Importantly, the bill specifies that the actual existence of the minor is not a prerequisite for prosecution, though exceptions are made for legitimate law enforcement activities, judicial proceedings, and educational materials used in accredited schools, public libraries, or educational programs.
Committee Categories
Justice
Sponsors (1)
Last Action
Withdrawn. H.J. 871. (on 03/31/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF81 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF81.html |
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