Iowa Code 728.4 – Rental or sale of hard-core pornography
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 728.4
- Conviction: A judgement of guilt against a criminal defendant.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
728.4 Rental or sale of hard-core pornography.
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 misdemeanor. 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
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 misdemeanor. 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