Bill Text: IA HF274 | 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 1-0)
Status: (Introduced - Dead) 2021-01-28 - Introduced, referred to Judiciary. H.J. 232. [HF274 Detail]
Download: Iowa-2021-HF274-Introduced.html
House
File
274
-
Introduced
HOUSE
FILE
274
BY
SALMON
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
by
a
public
1
or
private
elementary
or
secondary
school
or
library,
or
public
2
library,
of
obscene
material
to
minors.
3
1.
a.
A
person
affiliated
with
a
public
or
private
4
elementary
or
secondary
school
or
library,
or
public
library
5
in
an
official
capacity,
or
a
person
affiliated
with
an
6
entity
that
provides
products
or
services
to
such
schools
or
7
libraries
in
this
state,
who
knowingly
disseminates
to
any
8
minor
any
material
the
person
knows,
or
reasonably
should
know,
9
is
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
b.
Each
day
on
which
a
violation
under
paragraph
“a”
occurs
14
or
continues
shall
constitute
a
separate
offense
and
shall
be
15
punished
as
a
separate
violation.
16
2.
a.
A
parent
or
guardian
of
a
student
enrolled
in
a
17
public
or
private
elementary
or
secondary
school,
or
of
a
18
child
patronizing
a
public
library,
injured
as
a
result
of
19
a
violation
of
this
section
may
bring
a
civil
action
in
the
20
district
court
in
which
the
violation
occurred
against
any
21
public
or
private
elementary
or
secondary
school
or
library,
22
or
public
library,
affiliated
entity,
or
any
other
party
that
23
has
engaged
in
or
caused
a
person
to
engage
in
conduct
that
24
violates
this
section,
for
any
of
the
following
remedies:
25
(1)
A
declaratory
judgment.
26
(2)
Injunctive
relief.
27
(3)
Actual,
incidental,
and
consequential
damages.
28
(4)
Punitive
damages,
if
appropriate.
29
(5)
Other
equitable
relief
which
the
court
deems
30
appropriate.
31
b.
The
prevailing
party
in
an
action
under
this
subsection
32
shall
be
awarded
all
costs
of
such
litigation
including
33
reasonable
attorney
fees
and
expert
witness
fees.
34
3.
It
is
not
a
defense
to
liability
under
this
section
35
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that
the
materials
disseminated
are
labeled
as
curriculum,
1
approved
for
an
educational
use,
or
otherwise
described
to
be
2
for
educational,
scientific,
or
artistic
purposes.
3
Sec.
2.
Section
728.7,
Code
2021,
is
amended
to
read
as
4
follows:
5
728.7
Exemptions
for
public
libraries
and
educational
6
institutions
college
and
university
libraries
and
programs
.
7
Nothing
in
this
chapter
prohibits
the
use
of
appropriate
8
material
for
educational
purposes
in
any
accredited
school
9
college
or
university
,
or
any
public
accredited
college
or
10
university
library,
or
in
any
educational
accredited
college
11
or
university
program
in
which
the
minor
is
participating
.
12
Nothing
in
this
chapter
prohibits
the
attendance
of
minors
13
at
an
exhibition
or
display
of
art
works
or
the
use
of
any
14
materials
in
any
public
library
at
any
accredited
college
or
15
university
library
or
program
.
16
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
17
importance,
takes
effect
upon
enactment.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
obscene
material
disseminated
to
a
22
minor
by
a
public
or
private
elementary
or
secondary
school
or
23
library,
or
a
public
library,
creates
a
civil
cause
of
action,
24
provides
criminal
penalties,
and
includes
an
effective
date.
25
Current
law
provides
that
nothing
in
Code
chapter
728
26
(obscenity)
prohibits
the
use
of
appropriate
material
for
27
educational
purposes
in
any
accredited
school,
or
any
public
28
library,
or
in
any
educational
program
in
which
a
minor
is
29
participating,
and
nothing
prohibits
the
attendance
of
minors
30
at
an
exhibition
or
display
of
art
works
or
the
use
of
any
31
materials
in
any
public
library.
32
The
bill
amends
current
law
to
provide
that
nothing
in
Code
33
chapter
728
prohibits
the
use
of
appropriate
material
for
34
educational
purposes
in
any
accredited
college
or
university,
35
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any
accredited
college
or
university
library,
or
in
any
1
accredited
college
or
university
program,
and
nothing
prohibits
2
the
attendance
of
minors
at
an
exhibition
or
display
of
art
3
works
at
any
accredited
college
or
university
library
or
4
program.
5
The
bill
provides
that
a
person
affiliated
with
a
public
or
6
private
elementary
or
secondary
school
or
library,
or
public
7
library
in
an
official
capacity,
or
a
person
affiliated
with
8
an
entity
that
provides
products
or
services
to
such
schools
9
or
libraries
in
this
state,
who
knowingly
disseminates
to
any
10
minor
any
material
the
person
knows,
or
reasonably
should
know,
11
is
obscene
or
harmful
to
minors
is
guilty
of
an
aggravated
12
misdemeanor
for
a
first
offense
and
a
class
“D”
felony
if
13
the
person
has
previously
been
convicted
of
a
violation
of
14
the
bill.
Each
day
on
which
a
violation
occurs
or
continues
15
shall
constitute
a
separate
offense
and
shall
be
punished
as
a
16
separate
violation.
17
The
bill
provides
that
a
parent
or
guardian
of
a
student
18
enrolled
in
a
public
or
private
elementary
or
secondary
school,
19
or
of
a
child
patronizing
a
public
library,
injured
as
a
result
20
of
a
violation
of
the
bill
may
bring
a
civil
action
in
the
21
district
court
in
which
the
violation
occurred
against
any
22
public
or
private
elementary
or
secondary
school
or
library,
23
or
public
library,
affiliated
entity,
or
any
other
party
that
24
has
engaged
in
or
caused
a
person
to
engage
in
conduct
that
25
violates
this
section,
for
any
of
the
following
remedies:
a
26
declaratory
judgment;
injunctive
relief;
actual,
incidental,
27
and
consequential
damages;
punitive
damages,
if
appropriate;
28
and
other
equitable
relief
which
the
court
deems
appropriate.
29
The
prevailing
party
in
an
action
under
the
bill
shall
be
30
awarded
all
costs
of
litigation
including
reasonable
attorney
31
fees
and
expert
witness
fees.
32
The
bill
provides
that
it
is
not
a
defense
to
liability
33
that
the
materials
disseminated
are
labeled
as
curriculum,
34
approved
for
an
educational
use,
or
otherwise
described
to
be
35
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274
for
educational,
scientific,
or
artistic
purposes.
1
An
aggravated
misdemeanor
is
punishable
by
confinement
for
2
no
more
than
two
years
and
a
fine
of
at
least
$855
but
not
more
3
than
$8,540.
A
class
“D”
felony
is
punishable
by
confinement
4
for
no
more
than
five
years
and
a
fine
of
at
least
$1,025
but
5
not
more
than
$10,245.
6
The
bill
takes
effect
upon
enactment.
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