Bill Text: IA HF2176 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to obscene material disseminated to a minor by a public or private elementary or secondary school or library, or a public library, creating a civil cause of action, providing criminal penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Introduced - Dead) 2022-02-01 - Introduced, referred to Judiciary. H.J. 153. [HF2176 Detail]
Download: Iowa-2021-HF2176-Introduced.html
House
File
2176
-
Introduced
HOUSE
FILE
2176
BY
SALMON
,
SHIPLEY
,
OSMUNDSON
,
CISNEROS
,
JACOBSEN
,
STONE
,
WESTRICH
,
BRADLEY
,
JENEARY
,
GUSTAFSON
,
GRABER
,
BAXTER
,
DOLECHECK
,
and
BUSH
A
BILL
FOR
An
Act
relating
to
obscene
material
disseminated
to
a
minor
1
by
a
public
or
private
elementary
or
secondary
school
2
or
library,
or
a
public
library,
creating
a
civil
cause
3
of
action,
providing
criminal
penalties,
and
including
4
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
728.2A
Dissemination
of
obscene
1
material
to
minors
by
a
public
or
private
elementary
or
secondary
2
school
or
library
or
public
library.
3
1.
A
person
affiliated
with
a
public
or
private
elementary
4
or
secondary
school
or
library,
or
public
library
in
an
5
official
capacity,
or
a
person
affiliated
with
an
entity
that
6
provides
products
or
services
to
such
schools
or
libraries
7
in
this
state,
who
knowingly
disseminates
to
any
minor
any
8
material
the
person
knows,
or
reasonably
should
know,
is
9
obscene
or
harmful
to
minors,
is
guilty
of
an
aggravated
10
misdemeanor
for
a
first
offense
and
a
class
“D”
felony
if
the
11
person
has
previously
been
convicted
of
a
violation
of
this
12
section.
13
2.
Each
day
on
which
a
violation
under
subsection
1
occurs
14
or
continues
shall
constitute
a
separate
offense.
15
Sec.
2.
Section
728.6,
Code
2022,
is
amended
to
read
as
16
follows:
17
728.6
Civil
suit
to
determine
obscenity.
18
1.
Whenever
the
county
attorney
of
any
county
has
reasonable
19
cause
to
believe
that
any
person
is
engaged
or
plans
to
engage
20
in
the
dissemination
or
exhibition
of
obscene
material
within
21
the
county
attorney’s
county
to
minors
the
county
attorney
22
may
institute
a
civil
proceeding
in
the
district
court
of
the
23
county
to
enjoin
the
dissemination
or
exhibition
of
obscene
24
material
to
minors.
Such
application
for
injunction
is
25
optional
and
not
mandatory
and
shall
not
be
construed
as
a
26
prerequisite
to
criminal
prosecution
for
a
violation
of
this
27
chapter
.
28
2.
a.
A
parent
or
guardian
of
a
student
enrolled
in
a
29
public
or
private
elementary
or
secondary
school,
or
a
parent
30
or
guardian
of
a
child
patronizing
a
public
library,
whose
31
student
or
child
receives
obscene
material
in
violation
of
32
section
728.2A
may
bring
a
civil
action
against
any
public
33
or
private
elementary
or
secondary
school
or
library,
public
34
library,
affiliated
entity,
or
any
other
party
that
has
engaged
35
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in
or
caused
a
person
to
engage
in
conduct
that
violates
1
section
728.2A
for
any
of
the
following
remedies:
2
(1)
A
declaratory
judgment.
3
(2)
Injunctive
relief.
4
(3)
Actual,
incidental,
and
consequential
damages.
5
(4)
Punitive
damages,
if
appropriate.
6
(5)
Other
equitable
relief
which
the
court
deems
7
appropriate.
8
b.
The
minimum
award
of
damages
in
an
action
brought
9
pursuant
to
this
subsection
shall
be
ten
thousand
dollars
10
and
the
prevailing
party
shall
be
awarded
all
costs
of
such
11
litigation
including
reasonable
attorney
fees
and
expert
12
witness
fees.
13
3.
It
is
not
a
defense
to
an
action
brought
under
this
14
section
that
the
materials
disseminated
are
labeled
as
15
curriculum,
approved
for
an
educational
use,
or
otherwise
16
described
to
be
for
educational
purposes.
17
Sec.
3.
Section
728.7,
Code
2022,
is
amended
to
read
as
18
follows:
19
728.7
Exemptions
for
public
libraries
and
educational
20
institutions
college
and
university
libraries
and
programs
.
21
Nothing
in
this
chapter
prohibits
the
use
of
appropriate
22
material
for
educational
purposes
in
any
accredited
school
23
college
or
university
,
or
any
public
accredited
college
or
24
university
library,
or
in
any
educational
accredited
college
25
or
university
program
in
which
the
minor
is
participating
.
26
Nothing
in
this
chapter
prohibits
the
attendance
of
minors
27
at
an
exhibition
or
display
of
art
works
or
the
use
of
any
28
materials
in
any
public
library
at
any
accredited
college
or
29
university
library
or
program
.
30
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
31
importance,
takes
effect
upon
enactment.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
relates
to
obscene
material
disseminated
to
a
1
minor
by
a
public
or
private
elementary
or
secondary
school
or
2
library,
or
a
public
library,
creates
a
civil
cause
of
action,
3
provides
criminal
penalties,
and
includes
an
effective
date.
4
The
bill
provides
that
a
person
affiliated
with
a
public
or
5
private
elementary
or
secondary
school
or
library,
or
public
6
library
in
an
official
capacity,
or
a
person
affiliated
with
7
an
entity
that
provides
products
or
services
to
such
schools
8
or
libraries
in
this
state,
who
knowingly
disseminates
to
any
9
minor
any
material
the
person
knows,
or
reasonably
should
know,
10
is
obscene
or
harmful
to
minors
is
guilty
of
an
aggravated
11
misdemeanor
for
a
first
offense
and
a
class
“D”
felony
if
the
12
person
has
previously
been
convicted
of
a
violation
of
the
13
bill.
Each
day
on
which
a
violation
occurs
or
continues
shall
14
constitute
a
separate
offense.
An
aggravated
misdemeanor
is
15
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
16
of
at
least
$855
but
not
more
than
$8,540.
A
class
“D”
felony
17
is
punishable
by
confinement
for
no
more
than
five
years
and
a
18
fine
of
at
least
$1,025
but
not
more
than
$10,245.
19
The
bill
provides
that
a
parent
or
guardian
of
a
student
20
enrolled
in
a
public
or
private
elementary
or
secondary
21
school,
or
a
parent
or
guardian
of
a
child
patronizing
a
public
22
library,
whose
student
or
child
receives
obscene
material
in
23
violation
of
the
bill,
may
bring
a
civil
action
against
any
24
public
or
private
elementary
or
secondary
school
or
library,
25
public
library,
affiliated
entity,
or
any
other
party
that
26
has
engaged
in
or
caused
a
person
to
engage
in
conduct
that
27
violates
this
section,
for
any
of
the
following
remedies:
a
28
declaratory
judgment;
injunctive
relief;
actual,
incidental,
29
and
consequential
damages;
punitive
damages,
if
appropriate;
30
and
other
equitable
relief
which
the
court
deems
appropriate.
31
The
minimum
award
of
damages
in
an
action
brought
pursuant
to
32
the
bill
shall
be
$10,000,
and
the
prevailing
party
shall
be
33
awarded
all
costs
of
litigation
including
reasonable
attorney
34
fees
and
expert
witness
fees.
35
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The
bill
provides
that
it
is
not
a
defense
to
an
action
1
brought
under
the
bill
that
the
materials
disseminated
are
2
labeled
as
curriculum,
approved
for
an
educational
use,
or
3
otherwise
described
to
be
for
educational
purposes.
4
Current
law
provides
that
Code
chapter
728
(obscenity)
does
5
not
prohibit
the
use
of
appropriate
material
for
educational
6
purposes
in
any
accredited
school,
or
any
public
library,
or
7
in
any
educational
program
in
which
a
minor
is
participating,
8
and
does
not
prohibit
the
attendance
of
minors
at
an
exhibition
9
or
display
of
art
works
or
the
use
of
any
materials
in
any
10
public
library.
The
bill
amends
current
law
to
provide
that
11
Code
chapter
728
does
not
prohibit
the
use
of
appropriate
12
material
for
educational
purposes
in
any
accredited
college
or
13
university,
any
accredited
college
or
university
library,
or
14
in
any
accredited
college
or
university
program,
and
does
not
15
prohibit
the
attendance
of
minors
at
an
exhibition
or
display
16
of
art
works
at
any
accredited
college
or
university
library
17
or
program.
18
The
bill
takes
effect
upon
enactment.
19
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