Iowa Child Pornography Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 23, 2024

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Iowa law defines child pornography as sexually explicit material that portrays or exploits a minor. Possession of child pornography is illegal, as is the creation and dissemination of child porn, also known as child sexual abuse material (CSAM). The U.S. Department of Justice offers a guide for federal child pornography laws, and each state also has child pornography laws.

In Iowa, material qualifies as child pornography when minors perform or engage in a simulation of a prohibited sex act. Here, we'll explain Iowa's child pornography laws, including the penalties and possible defenses to each. We will also describe the types of obscene material prohibited by Iowa law.

If you're facing criminal charges for child porn or any other sex crime, you should consult an experienced criminal defense attorney right away.

How Does Iowa Law Define a 'Sex Act?'

For the state to charge you with child pornography, law enforcement must show that you possessed, promoted, or disseminated obscene material depicting a minor engaged in a simulated or actual sex act.

Iowa law defines a sex act as any of the following:

  • Sexual intercourse
  • Sexual assault (actual or simulated)
  • Fondling or touching the pubic hair or genitals
  • Sadomasochistic abuse
  • Nudity
  • Masturbation
  • Excretory functions for sexual arousal or gratification

The purpose of these sex acts is to satisfy the prurient interest or sexual gratification of the viewer.

Iowa Child Pornography Statute

The following table is a quick summary of Iowa's child pornography laws.

Code sections

Iowa Code §728.1 — Definitions

Iowa Code §728.1 — Dissemination and Exhibition of Obscene Material to Minors

Iowa Code §728.12 — Sexual Exploitation of a Minor

Iowa Code §728.4 — Rental or Sale of Child Pornography
What is prohibited?

Iowa law prohibits the following acts:

  1. Using, enticing, or allowing a minor to engage in a prohibited sexual act (actual or simulated). The person must know (or should know) that someone may preserve the act in a visual depiction (i.e., filmed, photographed, etc.)
  2. To knowingly promote any material that visually depicts a minor engaged in a live sex act (real or simulated)
  3. To knowingly have or buy material that visually depicts a minor engaged in a live sex act (actual or simulated)
Penalty
  • Violation of no. 1 above is a Class C felony. This crime carries a prison sentence of up to 10 years and a fine of $1,000 to $50,000.
  • Violation of no. 2 is a Class D felony. This charge carries a punishment of a five-year prison sentence and a $750 to $25,000 fine.
  • Violation of no. 3 is an aggravated misdemeanor. This offense carries a punishment of up to two years in prison and a fine between $625 and $6,250. Subsequent offenses qualify as Class D felonies.
  • Besides fines and a prison term, a person guilty of any of the three must register as a sex offender.
Defenses

Iowa law requires that the defendant knowingly engage in the prohibited behavior. So it's a defense if the defendant was unaware of the allegedly obscene material's character.

According to Iowa Code §728.10, it is an affirmative defense to dissemination or exhibition of child pornography if the defendant had reason to believe the person was over 18.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Can an Iowa Criminal Defense Lawyer Help You Avoid a Prison Sentence?

If you're facing any child pornography charges, there's a good chance you could end up with a jail sentence. Regardless of how minor you feel the offense is, most CSAM charges carry minimum prison sentences. You may also have to pay hefty fines and register as a sex offender.

The best way to avoid a lengthy prison sentence is to consult a skilled criminal defense attorney who can help devise a strong defense strategy. The prosecution has law enforcement on their side, and you need someone in your corner, too.

Visit Sex Crimes for more information on this topic.

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