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, excretoryfunctions, or bestiality, or lewd exhibition of the genitals, which the average adult takingthe material as a whole in applying statewide contemporary community standards wouldfind appeals to the prurient interest; and which material, taken as a whole, lacks seriousliterary, scientific, political, or artistic value, upon conviction is guilty of an aggravatedmisdemeanor. However, second and subsequent violations of this section by a person whohas been previously convicted of violating this section are class 'D' felonies. Charges underthis 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, §2Referred to in §692A.102 Sat Dec 23 12:32:52 2023 Iowa Code 2024, Section 728.4 (17, 0)
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