Iowa Code 728.10 – Affirmative defense
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Terms Used In Iowa Code 728.10
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Minor: means any person under the age of eighteen. See Iowa Code 728.1
- Obscene material: is a ny material depicting or describing the genitals, sex acts, masturbation, excretory functions or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors, would find appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks serious literary, scientific, political or artistic value. See Iowa Code 728.1
In any prosecution for disseminating or exhibiting obscene material to minors, it is an affirmative defense that the defendant had reasonable cause to believe that the minor involved was eighteen years old or more and the minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was eighteen years old or more or was accompanied by a parent or spouse eighteen years of age or more.