A person who knowingly rents, sells, or offers for rental or sale material depicting
patently offensive representations of oral, anal, or vaginal intercourse, actual or simulated,
involving humans, or depicting patently offensive representations of masturbation, excretory
functions, or bestiality, or lewd exhibition of the genitals, which the average adult taking
the material as a whole in applying statewide contemporary community standards would
find appeals to the prurient interest; and which material, taken as a whole, lacks serious
literary, scientific, political, or artistic value, upon conviction is guilty of an aggravated
\n
Tue Dec 09 21:55:34 2025 Iowa Code 2026, Chapter 728 (30, 2)
3 OBSCENITY, §728.8\n\nmisdemeanor. However, second and subsequent violations of this section by a person who
has been previously convicted of violating this section are class “D” felonies. Charges under
this section may only be brought by a county attorney or by the attorney general.
[C79, 81, §728.4; 82 Acts, ch 1115, §1]
83 Acts, ch 167, §3; 89 Acts, ch 263, §2
Referred to in §692A.102
\n
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1982–2024 · leading case:
New York v. Ferber, 458 U.S. 747 (1982).
New York v. Ferber, 458 U.S. 747 (1982).
· cites it 2× “1981); Idaho Code § 18-4101 (A) (1979); Iowa Code § 728.4 (1981) (only child pornography covered); Ind.”
State v. Robinson, 618 N.W.2d 306 (Iowa 2000).
· cites it 2× “1245, § 2804 (codified at Iowa Code § 728.4 (1979)). Unlike the statutes governing "obscene material," which focused on keeping such materials out of the hands of minors, the hard-core pornography statute applied to the sale of such materials to any person, minor or adult.”
State v. Wages, 483 N.W.2d 325 (Iowa 1992).
· cites it 3× “See Iowa Code § 728.4 (1989), as amended, 1989 Iowa Acts ch.”
State v. Groetken, 479 N.W.2d 298 (Iowa 1991).
“It appears evident that Iowa Code § 728.4 is patterned upon this test.”
State of Iowa v. Jesse Lee McCollaugh (Iowa 2024).
“1245, § 2804 (codified at Iowa Code § 728.4 (1979))). With later statutory amendments, the general assembly created the crime of sexual exploitation of a minor with the stated purpose of prohibiting individuals “from photographing a child involved in 6 certain prohibited sexual…”
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.