As used in this chapter, unless the context otherwise requires:
1. “Disseminate” means to transfer possession, with or without consideration.
2. “Knowingly” means being aware of the character of the matter.
3. “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.
4. “Minor” means any person under the age of eighteen.
5. “Obscene material” is any 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.
6. “Place of business” means the premises of a business required to obtain a sales or use
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.
7. Unless otherwise provided, “prohibited sexual act” means any of the following:
a. A sex act as defined in section 702.17.
b. An act of bestiality involving a minor.
c. Fondling or touching the pubes or genitals of a minor.
d. Fondling or touching the pubes or genitals of a person by a minor.
e. Sadomasochistic abuse of a minor for the purpose of arousing or satisfying the sexual
desires of a person who may view a visual depiction of the abuse.
f. Sadomasochistic abuse of a person by a minor for the purpose of arousing or satisfying
the sexual desires of a person who may view a visual depiction of the abuse.
g. Nudity of a minor for the purpose of arousing or satisfying the sexual desires of a person
who may view a visual depiction of the nude minor.
8. “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.
9. “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.
10. “Sex act” means any sexual contact, actual or simulated, either natural or deviate,\n\nTue Dec 09 21:55:34 2025 Iowa Code 2026, Chapter 728 (30, 2)
§728.1, OBSCENITY 2\n\nbetween 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.
11. “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.
[C75, 77, §725.1; C79, 81, §728.1]
83 Acts, ch 167, §1; 89 Acts, ch 263, §1; 97 Acts, ch 125, §2; 2005 Acts, ch 3, §111; 2012 Acts,
ch 1057, §5, 6; 2022 Acts, ch 1138, §33
Referred to in §232.68, 232.96A, 708.7, 717C.1
\n
Notes of Decisions
State v. Robinson, 618 N.W.2d 306 (Iowa 2000).
· cites it 27× “1 (1) (1975) and later transferred to Iowa Code § 728.1 (1)). It is important to note that the original obscenity statute did not prohibit the dissemination, possession, or display of obscene material in general, but only with respect to minors.”
State v. Hunter, 550 N.W.2d 460 (Iowa 1996).
· cites it 15× “” See Iowa Code § 728.1 (6)(g) (1993). Hunter has not identified examples of legitimate expression that may be repressed by this statute, nor do we speculate on what form such expressive conduct might take.”
State v. Whetstine, 315 N.W.2d 758 (Iowa 1982).
· cites it 12× “17 because such behavior is expressly included within the definition of sex act in our obscenity statute, section 728.1(7). Section 728.1(7) provides: “Sex act” means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a…”
State v. Keene, 630 N.W.2d 579 (Iowa 2001).
· cites it 5× “*582 Iowa Code § 728.1 (5) (emphasis added). A sex act is “any sexual contact, actual or simulated .”
State v. Canal, 773 N.W.2d 528 (Iowa 2009).
· cites it 3× “Jury instruction eighteen defined “obscene material” using the language contained in Iowa Code section 728.1(5) (2005), which defines "obscene material” for purposes of Iowa Code chapter 728.”
State v. Leonard, 124 N.W.2d 429 (Iowa 1963).
· cites it 20× “Defendant was convicted of violating section 728.1 of the 1958 Code of Iowa, I.”
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).
“Iowa Code § 728.12 (3). Under the Iowa statute, “prohibited sexual act” includes “[njudity of a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a depiction of the nude minor.”
Sahu v. Iowa Bd. of Med. Examiners, 537 N.W.2d 674 (Iowa 1995).
· cites it 2× “4 and Iowa Code § 728.1 (2) (knowingly “means being aware of the character of the matter”).”
— Iowa Code § 728.1(11) — 2 cases
— Iowa Code § 728.1(2) — 2 cases
— Iowa Code § 728.1(3) — 1 case
— Iowa Code § 728.1(4) — 1 case
— Iowa Code § 728.1(5) — 3 cases
State v. Canal, 773 N.W.2d 528 (Iowa 2009).
“Jury instruction eighteen defined “obscene material” using the language contained in Iowa Code section 728.1(5) (2005), which defines "obscene material” for purposes of Iowa Code chapter 728.”
State v. Keene, 630 N.W.2d 579 (Iowa 2001).
“*582 Iowa Code § 728.1 (5) (emphasis added). A sex act is “any sexual contact, actual or simulated .”
— Iowa Code § 728.1(6) — 1 case
State v. Robinson, 618 N.W.2d 306 (Iowa 2000).
“1 (1) (1975) and later transferred to Iowa Code § 728.1 (1)). It is important to note that the original obscenity statute did not prohibit the dissemination, possession, or display of obscene material in general, but only with respect to minors.”
— Iowa Code § 728.1(6)(6) — 1 case
State v. Robinson, 618 N.W.2d 306 (Iowa 2000).
“1 (1) (1975) and later transferred to Iowa Code § 728.1 (1)). It is important to note that the original obscenity statute did not prohibit the dissemination, possession, or display of obscene material in general, but only with respect to minors.”
— Iowa Code § 728.1(6)(c) — 1 case
State v. Robinson, 618 N.W.2d 306 (Iowa 2000).
“1 (1) (1975) and later transferred to Iowa Code § 728.1 (1)). It is important to note that the original obscenity statute did not prohibit the dissemination, possession, or display of obscene material in general, but only with respect to minors.”
— Iowa Code § 728.1(6)(e) — 1 case
State v. Robinson, 618 N.W.2d 306 (Iowa 2000).
“1 (1) (1975) and later transferred to Iowa Code § 728.1 (1)). It is important to note that the original obscenity statute did not prohibit the dissemination, possession, or display of obscene material in general, but only with respect to minors.”
— Iowa Code § 728.1(6)(g) — 4 cases
State v. Hunter, 550 N.W.2d 460 (Iowa 1996).
“” See Iowa Code § 728.1 (6)(g) (1993). Hunter has not identified examples of legitimate expression that may be repressed by this statute, nor do we speculate on what form such expressive conduct might take.”
State v. Robinson, 618 N.W.2d 306 (Iowa 2000).
“1 (1) (1975) and later transferred to Iowa Code § 728.1 (1)). It is important to note that the original obscenity statute did not prohibit the dissemination, possession, or display of obscene material in general, but only with respect to minors.”
— Iowa Code § 728.1(7) — 4 cases
State v. Whetstine, 315 N.W.2d 758 (Iowa 1982).
“17 because such behavior is expressly included within the definition of sex act in our obscenity statute, section 728.1(7). Section 728.1(7) provides: “Sex act” means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a…”
— Iowa Code § 728.1(7)(a) — 1 case
— Iowa Code § 728.1(7)(b) — 1 case
— Iowa Code § 728.1(7)(c) — 1 case
— Iowa Code § 728.1(7)(e) — 1 case
— Iowa Code § 728.1(7)(f) — 1 case
— Iowa Code § 728.1(7)(g) — 4 cases
— Iowa Code § 728.1(8) — 2 cases
State v. Whetstine, 315 N.W.2d 758 (Iowa 1982).
“17 because such behavior is expressly included within the definition of sex act in our obscenity statute, section 728.1(7). Section 728.1(7) provides: “Sex act” means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a…”
— Iowa Code § 728.1(8)(a) — 1 case
State v. Whetstine, 315 N.W.2d 758 (Iowa 1982).
“17 because such behavior is expressly included within the definition of sex act in our obscenity statute, section 728.1(7). Section 728.1(7) provides: “Sex act” means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a…”
— Iowa Code § 728.1(9) — 1 case
State v. Keene, 630 N.W.2d 579 (Iowa 2001).
“*582 Iowa Code § 728.1 (5) (emphasis added). A sex act is “any sexual contact, actual or simulated .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.