Bills › 90th General Assembly
Relating to the dissemination and exhibition of obscene material to minors, and providing penalties
Sponsored by the House Judiciary Committee
Topics:Crime & correctionsKids online & social mediaBooks & libraries
Same legislation: HF 2046
Where it is now
- Done: IntroducedJanuary 16, 2024
- Done: SubcommitteeJanuary 17, 2024
- Done: House committeeJanuary 30, 2024
- Done: Passes the HouseFebruary 26, 202495–0
- Done: Senate committeeMarch 6, 2024
- Stopped: Passes the SenateDied when the General Assembly ended
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary People who show or give obscene material to children could face harsher punishments under this law. Instead of a serious misdemeanor, the offense would become an aggravated misdemeanor, which carries longer jail time and higher fines. Those convicted would also be required to register as sex offenders.1
Read the official explanation
This bill relates to the dissemination and exhibition of obscene material to minors. Current law provides that any person, other than the parent or guardian of the minor, who knowingly disseminates or exhibits obscene material, including the exhibition of obscene material so that it can be observed by a minor on or off the premises where it is displayed, commits a serious misdemeanor. The bill increases the penalty to an aggravated misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.2 is a tier I sex offense and a person convicted of the offense is required to register as a sex offender for a period of years.
Senate subcommittee
Named February 28, 2024. On March 5, 2024 it recommended passage. [].
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
1 written public comment to its subcommittee: January 23, 2024 (1) · on the Legislature’s site
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill increases the penalty for disseminating or exhibiting obscene material to a minor from a serious misdemeanor to an aggravated misdemeanor. The fiscal impact cannot be determined, but it is anticipated to be minimal for the state's General Fund, including the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
Read the fiscal note
Description
House File 2239 increases the penalty for a person who disseminates or exhibits obscene material to a minor from a serious misdemeanor to an aggravated misdemeanor.
Background
Under Iowa Code section 728.2, the dissemination or exhibition of obscene material to a minor is a serious misdemeanor.
In FY 2023, there were nine convictions under Iowa Code section 728.2. Of these, there were no admissions to prison or probation. A violation of Iowa Code section 728.2 is a Tier I sex offense and a person convicted of the offense is required to register as a sex offender for a period of 10 years.
An aggravated misdemeanor is punishable by up to two years in confinement and a fine of at least $855, but not more than $8,540. A serious misdemeanor is punishable by up to one year of confinement and a fine of at least $430 but not more than $2,560.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A delay of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 2239 increases the penalty for an existing offense under Iowa Code section 728.2. The correctional impact cannot be determined due to a lack of conviction data, but is anticipated to be minimal. Figure 1 shows estimates for sentencing to State prison, parole, probation, or community-based corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for aggravated misdemeanors and serious misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Minority Impact
House File 2239 increases the penalty for an existing offense under Iowa Code section 728.2. The minority impact cannot be estimated due to a lack of data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact cannot be determined, but is anticipated to be minimal. Figure 2 shows the average State cost per offense for an aggravated misdemeanor and a serious misdemeanor. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision. Figure 2 — Average State Cost Per Offense
Sources
- Department of Corrections
- Criminal Juvenile Justice Planning, Department of Management
- Legislative Services Agency
- Dissemination of Obscene Materials to Minors, Penalty · February 12, 2024
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90th General Assembly
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Earlier and later bills are matched by wording or an identical title.
Similar bills
- HF 306 Relating to the dissemination and exhibition of obscene material to minors and providing p…91st General Assembly · Signed by GovernorVery similar
Matched by wording or an identical title.