arabftw123
03-07-2009, 02:04 PM
http://www.desmoinesregister.com/article/20090302/NEWS/90302057/1001/NEWS
Child care providers or parents who allow children access to pornography would be guilty of child abuse and listed on the state's child abuse registry, under legislation being considered by lawmakers.
Some critics say the bill could be interpreted so broadly that even a child who sneaks a peek at a Playboy Magazine could push parents into legal turmoil. The legislation is not clear on whether it includes explicit material a child might discover on the Internet. And critics note other laws already hold parents accountable for failing to provide care that could prevent children from harm.
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Supporters contend that a loophole exempts guardians or parents from a law against the dissemination of obscene material to minors. Access to pornography puts children at greater risk for sexual abuse as well as psychological and emotional harm.
Several lawmakers said today that they will work aggressively this year to pass the bill. The two sides are likely to collide Tuesday when the bill, House File 443, is considered in a House subcommittee.
"This would have the state intervening in families every time a parent drops their guard," said Randall Wilson, the legal director for the American Civil Liberties Union of Iowa. "You have adolescent hormones raging here, you have curiosity and I think, truth be told, you would find that a whole lot of kids would qualify as children in need of assistance who belong to perfectly normal families."
Kathy Lowenberg, director of Counseling for Growth & Healing in Iowa City, wrote to lawmakers last month outlining the flaws in the law and the harm she believes it's causing Iowa children. Lowenberg said she's treated more than 100 children who have been sexually assaulted and that, in most cases, pornography played a pivotal role in the abuse.
Lowenberg said today that Iowa's current law essentially prohibits human service workers from opening an abuse investigation when they are faced with evidence that children are being exposed to obscene material unless other allegations of abuse are made.
"This legislation isn't the icing on the cake. It's the cake," Lowenberg said. "We have to have it."
The intent of the proposal is to reserve the law for only the most serious cases where parents or guardians subject children to obscene material that is considered hard core, said Rep. Kurt Swaim, D-Bloomfield, who said he will do everything he can to get the bill passed this year.
"There's been concern on the part of some legislators that if there were inadvertent viewing of material that it might cause some problems but that's not the intent of the law," Swaim said. "The intent is to get at hard pornography and things that there should be no reasonable basis for a child to look at."
The bill was introduced last week by lawmakers after child counselors, including Lowenberg, made some of them aware of the issue. A companion bill, Senate File 271, was also introduced last week.
Sen. Becky Schmitz, D-Fairfield, acknowledged that the current proposals in the House and Senate do not clearly answer questions such as what happens if a child views obscene material from a home computer without the parent's knowledge.
"As I say, we need to do a lot more discussion and be a little more specific about what we mean and the ramifications of it," Schmitz said.
Details of House File 433
ABUSE CHARGE: A parent, guardian or other custodian that allows a child direct or indirect access to obscene material could be found guilty of child abuse.
REGISTRY: People guilty of a violation could be required to be listed on the state's child abuse registry.
OBSCENITY: State law defines obscene material as "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."
CURRENT LAW: Iowa law prohibits any person other than a parent or guardian of a minor from knowingly disseminating obscene material. People who committee the crime face serious misdemeanor charges. Parents are exempted over concerns that those who attempt even misguided sex education should not be subjected to criminal proceedings, according to an analysis of the law by Daniel Bray, an Iowa City attorney and former state representative. Bray outlined the law in a letter last month to lawmakers, advocating for the exemption to be closed.
TUESDAY: A House Labor subcommittee will discuss the bill in a public meeting that begins at 11:30 a.m. in the House Lobbyist Lounge.Discuss.
Child care providers or parents who allow children access to pornography would be guilty of child abuse and listed on the state's child abuse registry, under legislation being considered by lawmakers.
Some critics say the bill could be interpreted so broadly that even a child who sneaks a peek at a Playboy Magazine could push parents into legal turmoil. The legislation is not clear on whether it includes explicit material a child might discover on the Internet. And critics note other laws already hold parents accountable for failing to provide care that could prevent children from harm.
Advertisement
Supporters contend that a loophole exempts guardians or parents from a law against the dissemination of obscene material to minors. Access to pornography puts children at greater risk for sexual abuse as well as psychological and emotional harm.
Several lawmakers said today that they will work aggressively this year to pass the bill. The two sides are likely to collide Tuesday when the bill, House File 443, is considered in a House subcommittee.
"This would have the state intervening in families every time a parent drops their guard," said Randall Wilson, the legal director for the American Civil Liberties Union of Iowa. "You have adolescent hormones raging here, you have curiosity and I think, truth be told, you would find that a whole lot of kids would qualify as children in need of assistance who belong to perfectly normal families."
Kathy Lowenberg, director of Counseling for Growth & Healing in Iowa City, wrote to lawmakers last month outlining the flaws in the law and the harm she believes it's causing Iowa children. Lowenberg said she's treated more than 100 children who have been sexually assaulted and that, in most cases, pornography played a pivotal role in the abuse.
Lowenberg said today that Iowa's current law essentially prohibits human service workers from opening an abuse investigation when they are faced with evidence that children are being exposed to obscene material unless other allegations of abuse are made.
"This legislation isn't the icing on the cake. It's the cake," Lowenberg said. "We have to have it."
The intent of the proposal is to reserve the law for only the most serious cases where parents or guardians subject children to obscene material that is considered hard core, said Rep. Kurt Swaim, D-Bloomfield, who said he will do everything he can to get the bill passed this year.
"There's been concern on the part of some legislators that if there were inadvertent viewing of material that it might cause some problems but that's not the intent of the law," Swaim said. "The intent is to get at hard pornography and things that there should be no reasonable basis for a child to look at."
The bill was introduced last week by lawmakers after child counselors, including Lowenberg, made some of them aware of the issue. A companion bill, Senate File 271, was also introduced last week.
Sen. Becky Schmitz, D-Fairfield, acknowledged that the current proposals in the House and Senate do not clearly answer questions such as what happens if a child views obscene material from a home computer without the parent's knowledge.
"As I say, we need to do a lot more discussion and be a little more specific about what we mean and the ramifications of it," Schmitz said.
Details of House File 433
ABUSE CHARGE: A parent, guardian or other custodian that allows a child direct or indirect access to obscene material could be found guilty of child abuse.
REGISTRY: People guilty of a violation could be required to be listed on the state's child abuse registry.
OBSCENITY: State law defines obscene material as "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."
CURRENT LAW: Iowa law prohibits any person other than a parent or guardian of a minor from knowingly disseminating obscene material. People who committee the crime face serious misdemeanor charges. Parents are exempted over concerns that those who attempt even misguided sex education should not be subjected to criminal proceedings, according to an analysis of the law by Daniel Bray, an Iowa City attorney and former state representative. Bray outlined the law in a letter last month to lawmakers, advocating for the exemption to be closed.
TUESDAY: A House Labor subcommittee will discuss the bill in a public meeting that begins at 11:30 a.m. in the House Lobbyist Lounge.Discuss.