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IA HF51
Bill
Status
1/14/2025
Primary Sponsor
Samantha Fett
Click for details
AI Summary
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Defines "obscene performance" as a visual performance exposing genitals, pubic area, buttocks, or female breast (including prosthetics), or involving sex acts, masturbation, excretory functions, or sadomasochistic abuse that appeals to prurient interest, is patently offensive under community standards for minors, and lacks serious artistic, literary, political, or scientific value
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Creates criminal penalties for knowingly exposing a minor to an obscene performance (aggravated misdemeanor) and for admitting a minor to premises with obscene performances (serious misdemeanor for minors 14-17; aggravated misdemeanor for children under 14)
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Establishes a private civil cause of action allowing parents, guardians, or the minor upon turning 18 to sue for declaratory judgment, injunctive relief, actual and punitive damages, with a minimum damages award of $10,000 and a 10-year statute of limitations after the minor reaches 18
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Prohibits the use of public institutions, facilities, equipment, funds, or property owned or controlled by the state or political subdivisions for shows, exhibitions, or performances that include obscene material or obscene performances
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Repeals existing exemptions for public libraries and educational institutions under Code section 728.7, which previously allowed use of appropriate materials for educational purposes and attendance of minors at art exhibitions
Legislative Description
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.
Last Action
Introduced, referred to Judiciary. H.J. 46.
1/14/2025