Iowa Code 728.15 – Telephone dissemination of obscene material to minors
Current as of: 2023 | Check for updates
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1. a. As used in this section, “person” excludes any information-access service provider that merely provides transmission capacity without control over the content of the transmission.
b. A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 728.15
- Disseminate: means to transfer possession, with or without consideration. See Iowa Code 728.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Knowingly: means being aware of the character of the matter. See Iowa Code 728.1
- Material: means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials. See Iowa Code 728.1
- 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
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
2. It shall be a defense in any prosecution for a violation of subsection 1 by a person accused of knowingly disseminating obscene material by the use of telephones or telephone facilities to a minor that the person accused has taken either of the following measures to restrict access to the obscene material:
a. The person accused has done all of the following:
(1) Required the person receiving the obscene material to use an authorized access or identification code, as provided by the information provider, before transmission of the obscene material begins.
(2) Previously issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was eighteen years of age or older.
(3) Established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of eighteen years or that the code is no longer desired.
b. The person accused has required payment by credit card before transmission of the obscene material.
3. Any list of applicants or recipients compiled or maintained by an information-access service provider for purposes of compliance with subsection 2 is confidential and shall not be sold or otherwise disseminated except upon order of the court.
4. a. A violation of subsection 1 is an aggravated misdemeanor.
b. A violation of subsection 1 by a person who has been previously convicted of a violation of subsection 1 is a class “D” felony.