Iowa Code

Iowa Code § 728.10 (2026)

Affirmative defense

✓ current as of July 2026

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In any prosecution for disseminating or exhibiting obscene material to minors, it is an affirmative defense that the defendant had reasonable cause to believe that the minor involved was eighteen years old or more and the minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was eighteen years old or more or was accompanied by a parent or spouse eighteen years of age or more. [C75, 77, §725.8; C79, 81, §728.10]

Notes of Decisions

Cited in 3 cases, 1994–2017 · leading case: State v. Robinson, 618 N.W.2d 306 (Iowa 2000).

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State v. Robinson, 618 N.W.2d 306 (Iowa 2000). · cites it 4× “10 (1975) and later transferred to Iowa Code § 728.10 ). The exemption adopted in 1974, which is identical in all pertinent respects to the exemption at issue here, clearly was intended to apply to the first category of prohibited conduct: the dissemination or exhibition of…”

State v. Gilmour, 522 N.W.2d 595 (Iowa 1994). · cites it 4× “It notes that the word “permit” is the only passive verb in the string of verbs and is the only verb that is not willful by its very nature.”

State of Iowa v. Darrin Frank Fehrer (Iowa Ct. App. 2017). · cites it 6× “” Iowa Code § 728.10 (emphasis added). At most, the evidence in this case established the complaining witness initially lied to Fehrer and told him that she was eighteen through a mobile social media chat application.”

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