Bill
Bill > HF826
IA HF826
A bill for an act relating to obscene materials involving minors, and providing penalties.(Formerly HF 81.)
summary
Introduced
03/06/2025
03/06/2025
In Committee
03/27/2025
03/27/2025
Crossed Over
03/26/2025
03/26/2025
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. The bill does not impose civil or criminal liability on an internet service provider.
AI Summary
This bill addresses obscene materials involving minors by establishing new legal definitions and penalties. The bill defines "obscene material involving a minor" as any visual depiction of a minor engaging in a prohibited sexual act that an average person would find sexually arousing (appealing to prurient interest), patently offensive according to contemporary community standards, and lacking serious artistic, literary, scientific, or political value. The bill makes it illegal to knowingly produce, distribute, receive, or possess such material with intent to distribute, or attempt to do so. First-time offenders would commit an aggravated misdemeanor, punishable by up to two years in jail and a fine between $855 and $8,540, while repeat offenders would be charged with a class "D" felony, carrying up to five years in prison and a fine between $1,025 and $10,245. Additionally, individuals convicted under this law must register as a tier I sex offender. Importantly, the bill specifies that the minor in the depiction does not need to actually exist, and it includes exceptions for law enforcement activities, educational materials in schools and libraries, and does not impose liability on internet service providers.
Committee Categories
Justice
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Judiciary (H)
Last Action
Explanation of vote. H.J. 1034. (on 04/22/2025)
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=HF826 |
| Fiscal Note - Obscene Materials Involving Minors | https://www.legis.iowa.gov/docs/publications/FN/1524473.pdf |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF826.html |
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