SF 2176 — A bill for an act relating to obscenity, including the exposure of a minor to an obscene performance and admittance of a minor to a premises with obscene performances, establishing a private civil cause of action, and providing penalties.

Bill Text

• Introduced View text Current pdf

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The bill establishes stricter penalties for exposing minors to obscene performances and creates a private civil cause of action for victims, while also repealing previous exemptions for educational purposes.

• 728.1

  “Obscene performance” means a visual performance by a person, whether compensated or uncompensated, that exposes the person’s genitals, pubic area, buttocks, or female breast, including prosthetics and artificial sexual organs or substitutes therefor, or involves the person engaging in a sex act, masturbation, excretory function, or sadomasochistic abuse, which the average person, viewing the performance as a whole and applying contemporary community standards with respect to what is suitable to be viewed by minors, would find appeals to the prurient interest and is patently offensive, and the performance taken as a whole lacks serious artistic, literary, political, or scientific value.

  Defines 'obscene performance' to clarify what constitutes obscenity.

• 728.2A

  Any person who knowingly exposes a minor to an obscene performance is guilty of a public offense and shall upon conviction be guilty of an aggravated misdemeanor.

  Criminalizes the act of exposing a minor to an obscene performance with penalties.

• 728.3A

  A person who knowingly sells, gives, delivers, or provides a minor who is not a child a pass or admits the minor to premises where an obscene performance is performed is guilty of a public offense and upon conviction is guilty of a serious misdemeanor.

  Establishes penalties for admitting minors to premises with obscene performances.

• 728.3A

  A person who knowingly sells, gives, delivers, or provides a child a pass or admits the minor to premises where an obscene performance is performed is guilty of a public offense and upon conviction is guilty of an aggravated misdemeanor.

  Increases penalties for admitting children specifically to obscene performances.

• 728.6

  may institute a civil proceeding in the district court of the county to enjoin the dissemination or exhibition of obscene material to minors. → may institute a civil proceeding in the district court of the county to enjoin the dissemination or exhibition of obscene material to minors. The parent or guardian of a minor, or a minor upon attaining eighteen years of age, to whom obscene material has been knowingly disseminated or exhibited, in violation of section 728.2 or 728.3, or who was exposed to an obscene performance, in violation of section 728.2A or 728.3A, may bring a civil action against any person that has knowingly disseminated or exhibited obscene material to the minor or who engaged in or caused or allowed a person to knowingly engage in an obscene performance in the presence of the minor for any of the following remedies: A declaratory judgment; Injunctive relief; Actual, incidental, and consequential damages; Punitive damages, if appropriate; Other equitable relief that the court deems appropriate.

  Establishes a private civil cause of action for parents and guardians to seek remedies related to obscene exposure.

• 728.6

  The minimum award of damages in an action brought pursuant to this subsection shall be ten thousand dollars.

  Sets a minimum damage amount for civil actions related to obscene material exposure.

• 728.6

  An action brought under this subsection may be commenced by a parent or guardian within two years of a violation. An action for a violation brought by a person who was a minor at the time of a violation shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age.

  Clarifies the timeframe for filing civil actions regarding obscene performance exposure.

• 728.7

  nothing in Code chapter 728 prohibits the use of appropriate material for educational purposes in any accredited school, or any public library, or in any educational program in which the minor is participating and nothing in Code chapter 728 prohibits the attendance of minors at an exhibition or display of art works or the use of any materials in any public library.

  Repeals exemptions allowing educational use of obscene materials and attendance at obscenity-related exhibitions by minors.

Action History

1. February 07, 2024

   Subcommittee recommends amendment and passage. [].

2. February 05, 2024

   Subcommittee Meeting: 02/07/2024 1:00PM Room G15.

3. February 01, 2024

   Subcommittee: Westrich, Klimesh, and Weiner.

4. January 31, 2024

   Introduced, referred to Local Government.

Sponsors

• Sandy Salmon · Primary

Subjects