Bills › 91st General Assembly
Relating to the dissemination and exhibition of obscene material to minors and providing penalties
Sponsored by the House Judiciary Committee, Rep. Heather Hora (R), Rep. Megan Jones (R)
Topics:Crime & correctionsKids online & social mediaBooks & libraries
Same legislation: HF 64
Where it is now
- Done: IntroducedJanuary 15, 2025
- Done: SubcommitteeJanuary 16, 2025
- Done: House committeeFebruary 6, 2025
- Done: Passes the HouseMarch 10, 202588–0
- Done: Senate committeeApril 3, 2025
- Done: Passes the SenateApril 14, 202545–0
- Done: To the GovernorMay 19, 2025
- Done: Signed into lawMay 27, 2025
Signed into law What’s a funnel?
What’s in it
AI summary People who show or give obscene material to minors could face harsher punishments if they are caught more than once. A second offense would lead to a mandatory minimum of one year in jail, while a third offense would be a felony requiring at least three years in jail. Those convicted of these crimes 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 maintains a serious misdemeanor for a first offense. A second offense is an aggravated misdemeanor with a mandatory minimum term of confinement of one year. A third or subsequent offense is a class “D” felony with a mandatory minimum term of confinement of three years. No portion of the mandatory minimum sentence may be deferred or suspended. 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. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.2 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.
Changed since by amendment H-1040; see Amendments.
Senate subcommittee
Named March 13, 2025. On March 26, 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
2 written public comments to its subcommittee: March 26, 2025 (1), January 29, 2025 (1) · on the Legislature’s site
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill increases the penalties for adults who show obscene material to minors and creates a serious misdemeanor for minors who distribute such material to other minors. The fiscal impact for the bill 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 306 increases penalties for a person 18 years of age or older who disseminates or exhibits obscene material to a minor. The Bill maintains a serious misdemeanor for a first offense. A second offense is an aggravated misdemeanor with a mandatory minimum term of confinement of one year. A third or subsequent offense is a Class D felony with a mandatory minimum term of confinement of three years. No portion of the mandatory minimum sentence may be deferred or suspended.
Under the Bill, a person under the age of 18 who knowingly distributes obscene material to another minor commits a serious misdemeanor.
Background
Under Iowa Code section 728.2, the dissemination or exhibition of obscene material to a minor is a serious misdemeanor.
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. 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 Class D felony is punishable by up to five years of confinement and a fine of at least $1,025 but not more than $10,245. A violation of Iowa Code section 728.2 is a Tier I sex offense, and a person convicted of this offense is required to register as a sex offender for a period of 10 years. In FY 2024, there were 13 individuals convicted under Iowa Code section 728.2, none of whom had a prior conviction dating back to FY 2020.
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 306 increases the penalty for an existing offense under Iowa Code section 728.2. It is not known how many additional convictions may result from the changes under the Bill. However, due to the low number of convictions for the existing offense, the correctional impact 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 a serious misdemeanor, aggravated misdemeanor, and Class D felony. 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 306 increases the penalty for an existing offense under Iowa Code section 728.2. The minority impact cannot be estimated due to the low number of convictions for the existing offense. 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
The fiscal impact for HF 306 cannot be determined, but is anticipated to be minimal. Figure 2 shows the average State cost per offense for a serious misdemeanor, aggravated misdemeanor, and Class D felony. 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
- Department of Management (DOM) Criminal Justice Planning
- Final Fiscal Note — Dissemination of Obscene Material to Minors, Penalty · June 6, 2025
- Dissemination of Obscene Material to Minors, Penalty · March 18, 2025
- Dissemination of Obscene Material to Minors, Penalty · February 28, 2025
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Tried before
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.
- HF 2046 Relating to the dissemination and exhibition of obscene material to minors, and providing …90th General Assembly · Renumbered as HF 2239 · very similarCleared committee
Matched by wording or an identical title.