Bills › 91st General Assembly
Relating to minors present at drag shows, and providing penalties
Topics:Courts & civil lawCrime & correctionsLGBTQIA+
Same legislation: HF 891
Where it is now
- Done: IntroducedFebruary 11, 2025
- Done: SubcommitteeFebruary 11, 2025
- Done: House committeeMarch 4, 2025
- Skipped: Passes the HouseContinued as HF 891
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 891 → Its progress continues under the new number. Go to HF 891 What’s a funnel?
What’s in it
AI summary Under this law, children under 18 are not allowed to attend or watch drag shows at businesses or nonprofit organizations. Adults who knowingly bring a minor to these shows could face felony charges, and businesses could be fined for allowing it. Additionally, state agencies are prohibited from using public money to host drag shows.1
Read the official explanation
_____ the explanation’s substance by the members of the general assembly. This bill relates to minors present at drag shows. The bill provides that no minor shall be present at or view a drag show, defined in the bill, at a place of business. A person over years of age who knowingly brings a minor to a drag show at a place of business shall be guilty of a class “D” felony, punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A place of business that allows a minor to be present at or view a drag show hosted by the place of business shall be fined $10,000 per minor for each violation of the bill. An owner, manager, or person who exercises direct control over a place of business who knowingly allows a minor to be present at or view a drag show hosted by the place of business shall be guilty of a class “D” felony. The bill provides that no state agency or public entity that receives state funds shall use such funds to host a drag show. A state agency or public entity committing a violation shall be fined $10,000 per minor for each violation. The bill provides that a parent or legal guardian of a minor may institute a civil action for damages in the amount of not less than $10,000 and up to $50,000 for each violation of the bill, and shall be awarded court costs and reasonable attorney fees if the parent or legal guardian is the prevailing party. For purposes of Code chapter 728 (obscenity), “place of business” is defined as the premises of a business required to obtain a sales or use tax permit pursuant to Code chapter 423, the premises of a nonprofit or not-for-profit organization, and the premises of an establishment which is open to the public at large or where entrance is limited by a cover charge or membership requirement; and “minor” is defined as any person under the age of 18.
House subcommittee
Named February 11, 2025. 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
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
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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.