At a trial for violation of section 728.2 or 728.3 the court may consider the material, and receive into evidence in addition to other competent evidence, the offered testimony of experts pertaining to:
 1. The artistic, literary, political or scientific value, if any, of the challenged material.

Terms Used In Iowa Code 728.9

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
 2. The degree of public acceptance within the community of the material or material of similar character.
 3. The intent of the author, artist, producer, publisher or manufacturer in creating the material.
 4. The advertising promotion and other circumstances relating to the sale of the material.
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