728.1  DEFINITIONS.
         As used in this chapter, unless the context otherwise requires:
         1.  "Disseminate" means to transfer possession, with or
      without consideration.
         2.  "Knowingly" means being aware of the character of the
      matter.
         3.  "Material" means any book, magazine, newspaper or other
      printed or written material or any picture, drawing, photograph,
      motion picture, or other pictorial representation or any statue or
      other figure, or any recording, transcription or mechanical, chemical
      or electrical reproduction or any other articles, equipment, machines
      or materials.
         4.  "Minor" means any person under the age of eighteen.
         5.  "Obscene material" is any material depicting or describing
      the genitals, sex acts, masturbation, excretory functions or
      sadomasochistic abuse which the average person, taking the material
      as a whole and applying contemporary community standards with respect
      to what is suitable material for minors, would find appeals to the
      prurient interest and is patently offensive; and the material, taken
      as a whole, lacks serious literary, scientific, political or artistic
      value.
         6.  "Place of business" means the premises of a business
      required to obtain a sales tax permit pursuant to chapter 423, the
      premises of a nonprofit or not-for-profit organization, and the
      premises of an establishment which is open to the public at large or
      where entrance is limited by a cover charge or membership
      requirement.
         7.  Unless otherwise provided, "prohibited sexual act" means
      any of the following:
         a.  A sex act as defined in section 702.17.
         b.  An act of bestiality involving a minor.
         c.  Fondling or touching the pubes or genitals of a minor.
         d.  Fondling or touching the pubes or genitals of a person by
      a minor.
         e.  Sadomasochistic abuse of a minor for the purpose of
      arousing or satisfying the sexual desires of a person who may view a
      depiction of the abuse.
         f.  Sadomasochistic abuse of a person by a minor for the
      purpose of arousing or satisfying the sexual desires of a person who
      may view a depiction of the abuse.
         g.  Nudity of a minor for the purpose of arousing or
      satisfying the sexual desires of a person who may view a depiction of
      the nude minor.
         8.  "Promote" means to procure, manufacture, issue, sell,
      give, provide, lend, mail, deliver, transfer, transmute, transmit,
      publish, distribute, circulate, disseminate, present, exhibit, or
      advertise, or to offer or agree to do any of these acts.
         9.  "Sadomasochistic abuse" means the infliction of physical
      or mental pain upon a person or the condition of a person being
      fettered, bound or otherwise physically restrained.
         10.  "Sex act" means any sexual contact, actual or simulated,
      either natural or deviate, between two or more persons, or between a
      person and an animal, by penetration of the penis into the vagina or
      anus, or by contact between the mouth or tongue and genitalia or
      anus, or by contact between a finger of one person and the genitalia
      of another person or by use of artificial sexual organs or
      substitutes therefor in contact with the genitalia or anus.  

         Section History: Early Form

         [C75, 77, § 725.1; C79, 81, § 728.1] 

         Section History: Recent Form

         83 Acts, ch 167, § 1; 89 Acts, ch 263, §1; 97 Acts, ch 125, §2;
      2005 Acts, ch 3, §111
         Referred to in § 15.393