H.F. 148 Section 1. Section 692A.102, subsection 1, paragraph b, 1 subparagraph (7), Code 2017, is amended to read as follows: 2 (7) Invasion of privacy —— nudity in violation of section 3 709.21 , subsection 4 . 4 Sec. 2. Section 692A.126, subsection 1, Code 2017, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . w. Invasion of privacy in violation of 7 section 709.21, subsection 2 or 3. 8 Sec. 3. Section 709.21, Code 2017, is amended by striking 9 the section and inserting in lieu thereof the following: 10 709.21 Invasion of privacy. 11 1. As used in this section: 12 a. “Full or partial nudity” means the showing of any part 13 of the human genitals or pubic area or buttocks, or any part 14 of the nipple of the breast of a female, with less than fully 15 opaque covering. 16 b. “Photographs or films” means the making of any 17 photograph, motion picture film, videotape, or any other 18 recording or transmission of the image of a person. 19 c. “Sex act” means the same as defined in section 702.17. 20 d. “Visual depiction” means the same as defined in section 21 728.1. 22 2. A person who knowingly disseminates, publishes, 23 distributes, posts, or causes to be disseminated, published, 24 distributed, or posted, a visual depiction showing another 25 person in a state of full or partial nudity or engaged in a sex 26 act, without the consent of the other person, commits invasion 27 of privacy. 28 3. A person who knowingly creates a visual depiction of 29 another person in a state of full or partial nudity or engaged 30 in a sex act, if the other person does not consent or is 31 unable to consent to creation of the visual depiction, commits 32 invasion of privacy. 33 4. A person who knowingly views, photographs, or films 34 another person, for the purpose of arousing or gratifying the 35 -1- LSB 1308YH (11) 87 jm/rh/rj 1/ 5

H.F. 148 sexual desire of any person, commits invasion of privacy if all 1 of the following apply: 2 a. The other person does not consent or is unable to consent 3 to being viewed, photographed, or filmed. 4 b. The other person is in a state of full or partial nudity. 5 c. The other person has a reasonable expectation of privacy 6 while in a state of full or partial nudity. 7 5. Subsections 2 and 3 do not apply to any of the following: 8 a. Visual depictions involving voluntary exposure by a 9 person in public or commercial settings. 10 b. Disclosures made in the public interest, including but 11 not limited to the reporting of unlawful conduct, or the lawful 12 and common practices of law enforcement, criminal reporting, 13 legal proceedings, or medical treatment. 14 6. A person who violates this section commits an aggravated 15 misdemeanor. 16 7. For purposes of determining whether a person should 17 register as a sex offender pursuant to the provisions of 18 chapter 692A for a violation of subsection 2 or 3, the fact 19 finder shall make a determination as provided in section 20 692A.126. 21 Sec. 4. Section 903B.2, Code 2017, is amended to read as 22 follows: 23 903B.2 Special sentence —— class “D” felonies or 24 misdemeanors. 25 A Except as otherwise provided in this section, a person 26 convicted of a misdemeanor or a class “D” felony offense under 27 chapter 709 , section 726.2 , or section 728.12 shall also be 28 sentenced, in addition to any other punishment provided by law, 29 to a special sentence committing the person into the custody 30 of the director of the Iowa department of corrections for a 31 period of ten years, with eligibility for parole as provided in 32 chapter 906 . For a person convicted of a violation of section 33 709.21, subsection 2 or 3, a sexual motivation determination 34 under section 692A.126 must be made in order for a person to 35 -2- LSB 1308YH (11) 87 jm/rh/rj 2/ 5

H.F. 148 be sentenced to a special sentence. The board of parole shall 1 determine whether the person should be released on parole 2 or placed in a work release program. The special sentence 3 imposed under this section shall commence upon completion of 4 the sentence imposed under any applicable criminal sentencing 5 provisions for the underlying criminal offense and the person 6 shall begin the sentence under supervision as if on parole or 7 work release. The person shall be placed on the corrections 8 continuum in chapter 901B , and the terms and conditions of the 9 special sentence, including violations, shall be subject to 10 the same set of procedures set out in chapters 901B , 905 , 906 , 11 and 908 , and rules adopted under those chapters for persons on 12 parole or work release. The revocation of release shall not be 13 for a period greater than two years upon any first revocation, 14 and five years upon any second or subsequent revocation. A 15 special sentence shall be considered a category “A” sentence 16 for purposes of calculating earned time under section 903A.2 . 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the criminal offense of invasion of 21 privacy, provides penalties, and makes penalties applicable. 22 Current law provides that a person commits the crime of 23 invasion of privacy, an aggravated misdemeanor, if the person 24 knowingly views, photographs, or films another person, for 25 the purpose of arousing or gratifying the sexual desire of 26 any person, if all of the following apply: the other person 27 does not consent or is unable to consent to being viewed, 28 photographed, or filmed; the other person is in a state of 29 full or partial nudity; and the other person has a reasonable 30 expectation of privacy while in a state of full or partial 31 nudity. Under the bill, the current law creating the criminal 32 offense of invasion of privacy is moved to Code section 33 709.21(4), but strikes the requirement that the prosecution 34 prove the victim did not have knowledge about being viewed, 35 -3- LSB 1308YH (11) 87 jm/rh/rj 3/ 5

H.F. 148 photographed, or filmed. 1 The bill creates two additional invasion of privacy criminal 2 offenses in Code section 709.21(2) and (3). 3 New Code section 709.21(2) provides that a person who 4 knowingly disseminates, publishes, distributes, posts, or 5 causes to be disseminated, published, distributed, or posted, a 6 visual depiction showing another person in a state of full or 7 partial nudity or engaged in a sex act, without the consent of 8 the other person commits an invasion of privacy. 9 New Code section 709.21(3) provides that a person who 10 knowingly creates a visual depiction that shows another person 11 in a state of full or partial nudity or engaged in a sex act, 12 if the other person did not or was unable to consent to the 13 creation, commits invasion of privacy. 14 Current law and the bill define “full or partial nudity” to 15 mean the showing of any part of the human genitals or pubic 16 area or buttocks, or any part of the nipple of the breast of a 17 female, with less than fully opaque covering. 18 Current law and the bill define “photographs or films” 19 to mean the making of any photograph, motion picture film, 20 videotape, or any other recording or transmission of the image 21 of a person. 22 The bill defines “visual depiction” to mean the same as 23 defined under Code section 728.1. 24 A “sex act” is defined in Code section 702.17. 25 New Code section 709.21(2) and (3) do not apply to the 26 following: visual depictions involving voluntary exposure in 27 public or commercial settings; or to disclosures made in the 28 public interest, including but not limited to for the reporting 29 of unlawful conduct, or for the lawful and common practices 30 of law enforcement, criminal reporting, legal proceedings, or 31 medical treatment. 32 A person who violates the bill commits an aggravated 33 misdemeanor. An aggravated misdemeanor is punishable by 34 confinement for no more than two years and a fine of at least 35 -4- LSB 1308YH (11) 87 jm/rh/rj 4/ 5

H.F. 148 $625 but not more than $6,250. 1 Under current law and the bill, a person convicted of 2 invasion of privacy in violation of Code section 709.21(4) 3 is required to register as a sex offender under Code chapter 4 692A. The bill provides that if a person commits invasion of 5 privacy in violation of the new Code section 709.21(2) or (3), 6 the person may be required to register as a sex offender if 7 the fact finder determines, beyond a reasonable doubt, that 8 the violation was sexually motivated pursuant to Code section 9 692A.126. 10 A person who commits invasion of privacy is also subject to 11 a special 10-year sentence, which may include parole, under 12 Code section 903B.2. A person convicted of a violation of Code 13 section 709.21(2) or (3) shall not be sentenced to a 10-year 14 special sentence unless sexual motivation under Code section 15 692A.126 is found. 16 -5- LSB 1308YH (11) 87 jm/rh/rj 5/ 5