728.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Disseminate” means to transfer possession, with or without consideration. 2. “Knowingly” means being aware of the character of the matter. 3. “Material” means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other […]
728.10 Affirmative defense. In any prosecution for disseminating or exhibiting obscene material to minors, it is an affirmative defense that the defendant had reasonable cause to believe that the minor involved was eighteen years old or more and the minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or […]
728.11 Uniform application. In order to provide for the uniform application of the provisions of this chapter relating to obscene material applicable to minors within this state, it is intended that the sole and only regulation of obscene material shall be under the provisions of this chapter, and no municipality, county or other governmental unit […]
728.12 Sexual exploitation of a minor. 1. It shall be unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act. A person must know, or have reason to know, […]
728.13 Repealed by 85 Acts, ch 201, §21.
728.14 Commercial film and photographic print processor reports of depictions of minors engaged in prohibited sexual acts. 1. A commercial film and photographic print processor who has knowledge of or observes, within the scope of the processor’s professional capacity or employment, a visual depiction of a minor whom the processor knows or reasonably should know […]
728.15 Telephone dissemination of obscene material to minors. 1. a. As used in this section, “person” excludes any information-access service provider that merely provides transmission capacity without control over the content of the transmission. b. A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor. 2. […]
728.2 Dissemination and exhibition of obscene material to minors. Any person, other than the parent or guardian of the minor, who knowingly disseminates or exhibits obscene material to a minor, including the exhibition of obscene material so that it can be observed by a minor on or off the premises where it is displayed, is […]
728.3 Admitting minors to premises where obscene material is exhibited. 1. A person who knowingly sells, gives, delivers, or provides a minor who is not a child with a pass or admits the minor to premises where obscene material is exhibited is guilty of a public offense and upon conviction is guilty of a serious […]
728.4 Rental or sale of hard-core pornography. A person who knowingly rents, sells, or offers for rental or sale material depicting patently offensive representations of oral, anal, or vaginal intercourse, actual or simulated, involving humans, or depicting patently offensive representations of masturbation, excretory functions, or bestiality, or lewd exhibition of the genitals, which the average […]
728.5 Public indecent exposure in certain establishments. 1. An owner, manager, or person who exercises direct control over a place of business required to obtain a sales tax permit shall be guilty of a serious misdemeanor under any of the following circumstances: a. If such person allows or permits the actual or simulated public performance […]
728.6 Civil suit to determine obscenity. Whenever the county attorney of any county has reasonable cause to believe that any person is engaged or plans to engage in the dissemination or exhibition of obscene material within the county attorney’s county to minors the county attorney may institute a civil proceeding in the district court of […]
728.7 Exemptions for public libraries and educational institutions. Nothing in this chapter prohibits the use of appropriate material for educational purposes in any accredited school, or any public library, or in any educational program in which the minor is participating. Nothing in this chapter prohibits the attendance of minors at an exhibition or display of […]
728.8 Suspension of licenses or permits. Any person who knowingly permits a violation of section 728.2, 728.3, or 728.5, subsection 1, paragraph “f”, to occur on premises under the person’s control shall have all permits and licenses issued to the person under state or local law as a prerequisite for doing business on such premises […]
728.9 Evidence considered. At a trial for violation of section 728.2 or 728.3 the court may consider the material, and receive into evidence in addition to other competent evidence, the offered testimony of experts pertaining to: 1. The artistic, literary, political or scientific value, if any, of the challenged material. 2. The degree of public […]
