Bills › 91st General Assembly

Relating to the dissemination and exhibition of obscene material to minors and providing penalties

Sponsored by Rep. Heather Hora (R), Rep. Megan Jones (R)

Topics:Crime & correctionsKids online & social mediaBooks & libraries

Same legislation: HF 306

Where it is now

  1. Done: IntroducedJanuary 15, 2025
  2. Done: SubcommitteeJanuary 16, 2025
  3. Done: House committeeFebruary 6, 2025
  4. Skipped: Passes the HouseContinued as HF 306
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Became HF 306 → Its progress continues under the new number. Go to HF 306 What’s a funnel?

What’s in it

AI summary People who show or give obscene material to children could face much harsher punishments under this law. Instead of a serious misdemeanor, the crime would become a felony that can lead to prison time and 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 a class “D” felony. 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. A violation of 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 years.

Changed since by amendment H-1040; see Amendments.

Full bill text · What changed before it passed2

House subcommittee

Named January 16, 2025. On January 29, 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

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

Reading a fiscal note4

Iowa Code it changes

Amends§728.2

How the Code works5

Lobbying

9 for · 0 against · 8 undecided · Who →

Family tree

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 similar
    Cleared committee

Matched by wording or an identical title.