§ 728.1 Definitions
§ 728.2 Dissemination and exhibition of obscene material to minors
§ 728.3 Admitting minors to premises where obscene material is exhibited
§ 728.4 Rental or sale of hard-core pornography
§ 728.5 Public indecent exposure in certain establishments
§ 728.6 Civil suit to determine obscenity
§ 728.7 Exemptions for public libraries and educational institutions
§ 728.8 Suspension of licenses or permits
§ 728.9 Evidence considered
§ 728.10 Affirmative defense
§ 728.11 Uniform application
§ 728.12 Sexual exploitation of a minor
§ 728.14 Commercial film and photographic print processor reports of depictions of minors engaged in prohibited sexual acts
§ 728.15 Telephone dissemination of obscene material to minors

Terms Used In Iowa Code > Chapter 728

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Child: includes child by adoption. See Iowa Code 4.1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Disseminate: means to transfer possession, with or without consideration. See Iowa Code 728.1
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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
  • Place of business: means the premises of a business required to obtain a sales tax permit pursuant to chapter 423, the premises of a nonprofit or not-for-profit organization, and the premises of an establishment which is open to the public at large or where entrance is limited by a cover charge or membership requirement. See Iowa Code 728.1
  • prohibited sexual act: means any of the following:
  • Promote: means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do any of these acts. See Iowa Code 728.1
  • Sadomasochistic abuse: means the infliction of physical or mental pain upon a person or the condition of a person being fettered, bound or otherwise physically restrained. See Iowa Code 728.1
  • Sex act: means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another person or by use of artificial sexual organs or substitutes therefor in contact with the genitalia or anus. See Iowa Code 728.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • 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.
  • Visual depiction: means but is not limited to any picture, slide, photograph, digital or electronic image, negative image, undeveloped film, motion picture, videotape, digital or electronic recording, live transmission, or other pictorial or three-dimensional representation. See Iowa Code 728.1