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STATE v. APPLAUSE VIDEO, INC.

No. 88-485.

434 N.W.2d 864 (1989)

STATE of Iowa, Appellant, v. APPLAUSE VIDEO, INC., a Nebraska Corporation, Appellee.

Supreme Court of Iowa.

January 25, 1989.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Mark Joel Zbieroski, Asst. Atty. Gen., E.A. Westfall, County Atty., and Timothy Markel, Asst. County Atty., for appellant.

Ann N. Butenhof and J. Michael Murray of Berkman, Gordon, Murray & Palda, Cleveland, Ohio, and F.J. Kraschel of Kraschel Law Firm, Council Bluffs, for appellee.

Considered by HARRIS, P.J., and LAVORATO, NEUMAN, SNELL and ANDREASEN, JJ.

HARRIS, Justice.

There is a gaping void in Iowa's adult pornography statute. Iowa Code section 728.4 (1987) prohibits selling or offering for sale certain hard core pornography. Appealing an adverse ruling, the State asks us to extend the prohibition to the renting of these materials. Because we are without power to do so, we decline. We affirm the trial court.

Defendant Applause Video operates a neighborhood video store which, in a separate room, carries...

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