Bills › 91st General Assembly
Relating to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, establishing a private civil cause of action, and providing penalties
Sponsored by the House Education Committee
Topics:Courts & civil lawCrime & correctionsBooks & libraries
Same legislation: HSB 158
Where it is now
- Done: IntroducedFebruary 11, 2025
- Done: SubcommitteeFebruary 11, 2025
- Done: House committeeMarch 4, 2025
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committeeFunnel: by March 20, 2026
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, 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 knowingly expose minors to obscene performances or allow them into places where such shows happen could face criminal charges and fines. This law also prevents public buildings and state money from being used for obscene shows. Additionally, parents or guardians can sue those responsible in civil court to seek money for damages.1
Read the official explanation
This bill relates to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, and establishes a private civil cause of action. The bill defines “obscene performance” as a visual performance by a person, whether compensated or uncompensated, that exposes the person’s genitals, pubic area, buttocks, or female breast, including prosthetics and artificial sexual organs or substitutes therefor, or involves the person engaging in a sex act, masturbation, excretory function, or sadomasochistic abuse, which the average person, viewing the performance as a whole and applying contemporary community standards with respect to what is suitable to be viewed by minors, would find appeals to the prurient interest and is patently offensive, and the performance taken as a whole lacks serious artistic, literary, political, or scientific value. The bill provides that the office of attorney general or the county attorney of the county in which a violation occurs shall enforce the provisions of Code chapter 728 (obscenity). The bill provides that any person who knowingly exposes a minor to an obscene performance is guilty of a public offense and shall upon conviction be guilty of an aggravated misdemeanor. 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. The bill provides that a person who knowingly sells, gives, delivers, or provides a minor who is not a child a pass or admits the minor to premises where an obscene performance is performed is guilty of a serious 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. A person who knowingly sells, gives, delivers, or provides a child a pass or admits the minor to premises where an obscene performance is performed is guilty of an aggravated misdemeanor. A minor is a person under years of age, and a child is a person under years of age. The bill establishes a private civil cause of action for a parent or guardian of a minor, or a minor upon reaching years of age, to whom obscene material has been knowingly disseminated or exhibited, or who was exposed to an obscene performance. A cause of action may be brought against any person that has knowingly disseminated or exhibited obscene material to the minor or who engaged in or caused or allowed a person to knowingly engage in an obscene performance in the presence of the minor for any of the following remedies: a declaratory judgment; injunctive relief; actual, incidental, and consequential damages; punitive damages, if appropriate; and any other equitable relief that the court deems appropriate. The minimum award of damages shall be $10,000. An action may be commenced by a parent or guardian within two years of a violation. An action for a violation brought by a person who was a minor at the time of the violation shall be found within years after the person upon whom the offense is committed attains years of age. The bill provides that no public institution, public facility, public equipment, or other physical asset that is owned, leased, or controlled by this state or a political subdivision of this state shall be used for a show, exhibition, or performance that includes obscene material or obscene performances. No public institution or facility shall lease, sell, or permit the subleasing of its facilities or property for the purpose of shows, exhibitions, or performances that include obscene material or obscene performances. No public funds made available by the state or a political subdivision of this state that are distributed by an institution, board, commission, department, agency, official, or an employee of the state or political subdivision shall be used for the purpose of shows, exhibitions, or performances that include obscene material or obscene performances. The bill does not apply to obscene materials that are sent or received as part of a law enforcement investigation or are authorized by law to be sent or received. The bill provides that any public officer or employee, or any person acting under color of such office or employment, who knowingly allows a public institution or funds to be used for the purpose of shows, exhibitions, or performances that include obscene material or obscene performances commits a serious misdemeanor.
House subcommittee
Named February 11, 2025 (as HSB 158). On February 18, 2025 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
436 written public comments to its subcommittee: February 18, 2025 (436) · on the Legislature’s site
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill creates new criminal penalties for exposing minors to obscene performances or admitting them to premises where such performances occur and establishes a private civil cause of action. Because the bill creates new criminal offenses, the fiscal impact on the state's General Fund is unknown. The estimated impact would include operating costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections across multiple fiscal years.3
Read the fiscal note
Description
House File 891 relates to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances and establishes a private civil cause of action.
The Bill establishes a new penalty for exposing a minor to obscene performances. The Bill provides that any person who knowingly exposes a minor to an obscene performance commits an aggravated misdemeanor.
The Bill establishes a new penalty for admitting minors to premises with obscene performances. The Bill provides that a person who knowingly sells, gives, delivers, or provides a minor who is not a child a pass or admits the minor to premises where an obscene performance is performed is guilty of a serious misdemeanor. However, if the minor is a child, under the age of 14, the person commits an aggravated misdemeanor.
The Bill prohibits the use of public institutions or public funds from being used for a show, exhibition, or performance that includes obscene material or obscene performances. The Bill provides that any public officer or employee who knowingly allows a public institution or funds to be used for the purpose of shows, exhibitions, or performances that include obscene material or obscene performances commits a serious misdemeanor.
The Bill establishes a private civil cause of action for a parent or guardian of a minor, or for a minor upon reaching 18 years of age, to whom obscene material has been knowingly disseminated or exhibited or who was exposed to an obscene performance. The Bill requires that the Office of Attorney General or the county attorney of the county in which a violation occurs must enforce the provisions of Iowa Code chapter 728.
Background
Iowa Code chapter 728 establishes penalties related to obscenity.
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 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.
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 891 creates a new criminal offense, and the correctional impact cannot be estimated due to a lack of existing conviction data. 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 a serious misdemeanor and an aggravated misdemeanor. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 13, 2025, for information related to the correctional system. Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months
Minority Impact
House File 891 creates a new criminal offense. As a result, the Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 891 creates a new criminal offense, and the fiscal impact is unknown. Figure 2 shows the average State cost per offense for a serious misdemeanor and aggravated misdemeanor. The estimated impact to the 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 and Juvenile Justice Planning (CJJP), Department of Management (DOM)
- Obscenity, Exposure of Minors to Obscene Performances · March 17, 2025
Iowa Code it changes
Lobbying
7 for · 14 against · 5 undecided · Who →
Family tree
Study bill
91st General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- SF 348 Relating to minors present at drag shows, and providing penalties90th General Assembly · In committee · nearly identicalCleared committee
- SF 2176 Relating to obscenity, including the exposure of a minor to an obscene performance and adm…90th General Assembly · Subcommittee recommends passage · very similarCleared committee
Similar bills this General Assembly
- HF 51 Relating to obscenity, including the exposure of a minor to an obscene performance and adm…91st General Assembly · In committeeVery similar
Matched by wording or an identical title.