House File 2368 - Introduced HOUSE FILE 2368 BY MASCHER A BILL FOR An Act relating to dissemination by a young person of material 1 depicting a sex act or nudity and sexual exploitation of a 2 minor. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5403YH (14) 83 jm/rj

H.F. 2368 Section 1. NEW SECTION . 728.2A Dissemination by young 1 persons of material depicting a sex act or nudity. 2 1. Any person fourteen through eighteen years of age who 3 knowingly disseminates to another person fourteen through 4 eighteen years of age material depicting either or both 5 persons, one of whom is a minor, engaged in a sex act or in a 6 state of full or partial nudity, as defined in section 709.21, 7 commits a simple misdemeanor. 8 2. A person convicted under this section shall not be 9 required to register as a sex offender under chapter 692A. 10 Sec. 2. Section 728.12, Code 2009, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 5. A violation of this section does not 13 apply to a person fourteen through eighteen years of age if all 14 of the following circumstances apply: 15 a. The material was disseminated to a person fourteen 16 through eighteen years of age. 17 b. The material depicts the sender, recipient, or both, one 18 of whom is a minor, engaged in a prohibited sex act or in the 19 simulation of a prohibited sex act. 20 c. The material was knowingly created with the consent of 21 the persons depicted. 22 d. The sender of the material knows or reasonably believes 23 the material would not be offensive to the recipient of the 24 material. 25 e. The person does not further disseminate or exhibit the 26 material if the material depicts another person. 27 EXPLANATION 28 This bill relates to dissemination by a young person of 29 material depicting a sex act or nudity and sexual exploitation 30 of a minor. 31 The bill grants discretion to a prosecutor to charge a person 32 14 through 18 years of age with a simple misdemeanor under 33 new Code section 708.2A, for disseminating to another person 34 14 through 18 years of age material depicting either or both 35 -1- LSB 5403YH (14) 83 jm/rj 1/ 3

H.F. 2368 persons, one of whom is a minor, engaged in a sex act or in 1 a state of full or partial nudity. A person convicted under 2 new Code section 708.2A is not required to register as a sex 3 offender and is not subject to a special sentence. 4 Under current law, it is a serious misdemeanor to knowingly 5 disseminate obscene material to a minor, and such a conviction 6 requires the person to register as a sex offender. 7 A sex act is defined in Code section 728.1 to mean any 8 sexual contact, actual or simulated, either natural or deviant, 9 between two or more persons, or between a person and an animal, 10 by penetration of the penis into the vagina or anus, or by 11 contact between the mouth or tongue and genitalia or anus, or 12 by contact between a finger of one person and the genitalia 13 of another person or by use of artificial sexual organs or 14 substitutes therefore in contact with the genitalia or anus. 15 Full or partial nudity is defined to mean the showing of any 16 part of the human genitals or pubic area or buttocks, or any 17 part of the nipple of the breast of a female, with less than 18 fully opaque covering. 19 Under the bill a person 14 through 18 years of age is not 20 guilty of sexual exploitation of a minor pursuant to Code 21 section 728.12 if all the following circumstances apply: the 22 material was disseminated to a person 14 through 18 years of 23 age; the material depicts the sender, recipient, or both, one 24 of whom is a minor, engaged in a prohibited sex act or in the 25 simulation of a prohibited sex act; the material was knowingly 26 created with the consent of the persons depicted; the sender of 27 the material knows or reasonably believes the material would 28 not be offensive to the recipient of the material; and the 29 person does not further disseminate or exhibit the material if 30 the material depicts another person. 31 A person who commits sexual exploitation of a minor commits 32 an aggravated misdemeanor up to a class “C” felony, depending 33 on the facts and circumstances of the particular offense. The 34 person is also required to register as a sex offender under 35 -2- LSB 5403YH (14) 83 jm/rj 2/ 3

H.F. 2368 Code chapter 692A and is subject to a special sentence as 1 provided in Code chapter 903B. 2 -3- LSB 5403YH (14) 83 jm/rj 3/ 3