728.15 Telephone dissemination of obscene material to minors.
1. a. As used in this section, “person” excludes any information-access service provider that merely provides transmission capacity without control over the content of the transmission.
b. A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor.
2. It shall be a defense in any prosecution for a violation of subsection 1 by a person accused of knowingly disseminating obscene material by the use of telephones or telephone facilities to a minor that the person accused has taken either of the following measures to restrict access to the obscene material:
a. The person accused has done all of the following:
(1) Required the person receiving the obscene material to use an authorized access or identification code, as provided by the information provider, before transmission of the obscene material begins.
(2) Previously issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was eighteen years of age or older.
(3) Established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of eighteen years or that the code is no longer desired.
b. The person accused has required payment by credit card before transmission of the obscene material.
3. Any list of applicants or recipients compiled or maintained by an information-access service provider for purposes of compliance with subsection 2 is confidential and shall not be sold or otherwise disseminated except upon order of the court.
4. a. A violation of subsection 1 is an aggravated misdemeanor.
b. A violation of subsection 1 by a person who has been previously convicted of a violation of subsection 1 is a class “D” felony.
89 Acts, ch 263, §5; 2009 Acts, ch 133, §184
Referred to in §272.2, 692A.102
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