Any person eighteen years of age or older, other than the parent or guardian of the minor,
who knowingly disseminates or exhibits obscene material to a minor, including the exhibition
of obscene material so that it can be observed by a minor on or off the premises where it is
displayed, is guilty of a public offense and shall upon conviction be guilty as follows:
1. For a first offense, a serious misdemeanor.
2. For a second offense, an aggravated misdemeanor with a mandatory minimum term
of confinement of one year. No portion of the mandatory minimum term of confinement
imposed by this subsection shall be deferred or suspended.
3. For a third or subsequent offense, a class “D” felony with a mandatory minimum term
of confinement of three years. No portion of the mandatory minimum term of confinement
imposed by this subsection shall be deferred or suspended.
[C51, §2717; R60, §4359; C73, §4022; C97, §4951, 4955; C24, 27, 31, 35, 39, §13189, 13193;
C46, 50, 54, 58, 62, 66, 71, 73, §725.4, 725.8; C75, 77, §725.2; C79, 81, §728.2]
2025 Acts, ch 109, §1
Referred to in §256.146, 692A.102, 728.8, 728.9
Section amended
\n
Notes of Decisions
Cited in
24
cases (
3 in the last 5 years), 1986–2026 · leading case:
State v. Keene, 630 N.W.2d 579 (Iowa 2001).
State v. Keene, 630 N.W.2d 579 (Iowa 2001).
· cites it 8× “Iowa Code § 728.2 . Section 728.1(5) defines obscene material as: any material depicting or describing the genitals, sex acts, .”
State v. Robinson, 618 N.W.2d 306 (Iowa 2000).
· cites it 8× “3 (1975) and later transferred to Iowa Code §§ 728.2 , .3). In addition, the act made it a crime to perform lascivious acts with minors under the age of sixteen.”
State v. Canal, 773 N.W.2d 528 (Iowa 2009).
· cites it 4× “In this appeal, we must determine whether sufficient evidence supported the defendant’s conviction for knowingly disseminating obscene material to a minor in violation of Iowa Code section 728.2 (2005) and whether his trial counsel provided him ineffective assistance of counsel.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “1987) Iowa Iowa Code § 728.2 (1987) *846 Kan. Kan. Stat.”
State v. Gilmour, 522 N.W.2d 595 (Iowa 1994).
· cites it 6× “For the equal protection argument, Gilm-our compares two classes of accused people: those people charged under Iowa Code section 728.2 (dissemination and exhibition of obscene material to minors), and those people charged under Iowa Code section 728.”
In Re Det. of Hennings, 744 N.W.2d 333 (Iowa 2008).
· cites it 2× “12(2); and one count of dissemination and exhibition of obscene material to minors, in violation of section 728.2. The charges stemmed from Hennings’s interactions in 1999 with various female teenagers who ranged in age from thirteen to sixteen years old.”
Kris Kolzow v. State of Iowa, 813 N.W.2d 731 (Iowa 2012).
· cites it 2× “He was also convicted of "dissemination and exhibition of obscene material to minors” a "serious misdemeanor” in violation of Iowa Code section 728.2, but this offense does not trigger a special sentence.”
State v. Jorgensen, 785 N.W.2d 708 (Iowa Ct. App. 2009).
· cites it 4× “He asserts that because other similar serious misdemeanor offenses, such as disseminating and exhibiting obscene material to a minor (Iowa Code section 728.2), admitting a minor to premises where obscene material is exhibited (section 728.”
Kruse v. Iowa Dist. Court for Howard Cnty., 712 N.W.2d 695 (Iowa 2006).
· cites it 2× “Dissemination and exhibition of obscene material to minors in violation of section 728.2. *699 k. Admitting minors to premises where obscene material is exhibited in violation of section 728.”
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.