Senate Study Bill 3189 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) 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 6164SC (2) 85 jm/rj

S.F. _____ 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 2014, 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 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to dissemination by a young person 31 of material depicting a sex act or nudity and to sexual 32 exploitation of a minor. 33 The bill grants discretion to a prosecutor to charge a person 34 14 through 18 years of age with a simple misdemeanor under 35 -1- LSB 6164SC (2) 85 jm/rj 1/ 3

S.F. _____ new Code section 708.2A, for disseminating to another person 1 14 through 18 years of age material depicting either or both 2 persons, one of whom is a minor, engaged in a sex act or in 3 a state of full or partial nudity. A person convicted under 4 new Code section 708.2A is not required to register as a sex 5 offender and is not subject to a special sentence. 6 Under current law, it is a serious misdemeanor to knowingly 7 disseminate obscene material to a minor, and such a conviction 8 requires the person to register as a sex offender. 9 A sex act is defined in Code section 728.1 to mean any 10 sexual contact, actual or simulated, either natural or deviant, 11 between two or more persons, or between a person and an animal, 12 by penetration of the penis into the vagina or anus, or by 13 contact between the mouth or tongue and genitalia or anus, or 14 by contact between a finger of one person and the genitalia 15 of another person or by use of artificial sexual organs or 16 substitutes therefore in contact with the genitalia or anus. 17 Full or partial nudity is defined to mean the showing of any 18 part of the human genitals or pubic area or buttocks, or any 19 part of the nipple of the breast of a female, with less than 20 fully opaque covering. 21 Under the bill a person 14 through 18 years of age is not 22 guilty of sexual exploitation of a minor pursuant to Code 23 section 728.12 if all the following circumstances apply: the 24 material was disseminated to a person 14 through 18 years of 25 age; the material depicts the sender, recipient, or both, one 26 of whom is a minor, engaged in a prohibited sex act or in the 27 simulation of a prohibited sex act; the material was knowingly 28 created with the consent of the persons depicted; the sender of 29 the material knows or reasonably believes the material would 30 not be offensive to the recipient of the material; and the 31 person does not further disseminate or exhibit the material if 32 the material depicts another person. 33 A person who commits sexual exploitation of a minor commits 34 an aggravated misdemeanor up to a class “C” felony, depending 35 -2- LSB 6164SC (2) 85 jm/rj 2/ 3

S.F. _____ on the facts and circumstances of the particular offense. The 1 person is also required to register as a sex offender under 2 Code chapter 692A and is subject to a special sentence as 3 provided in Code chapter 903B. 4 -3- LSB 6164SC (2) 85 jm/rj 3/ 3