Senate Study Bill 3004 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TECHNOLOGY BILL BY CHAIRPERSON COURNOYER) A BILL FOR An Act relating to harassment and extortion involving a person 1 whose image was used in creating, adapting, or modifying a 2 photograph or film, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5533XC (2) 90 as/js

S.F. _____ Section 1. Section 708.7, subsection 1, paragraph a, 1 subparagraph (5), Code 2024, is amended to read as follows: 2 (5) Disseminates, publishes, distributes, posts, or 3 causes to be disseminated, published, distributed, or posted a 4 photograph or film showing another person in a state of full or 5 partial nudity or engaged in a sex act, knowing that the other 6 person has not consented to the dissemination, publication, 7 distribution, or posting. For purposes of this subparagraph, 8 “another person” includes a person whose image was used in 9 creating, adapting, or modifying a photograph or film with 10 the intent to depict that other person who is recognizable 11 by the person’s face, likeness, or other distinguishing 12 characteristic. 13 Sec. 2. Section 711.4, subsection 1, Code 2024, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . h. Threatens to disseminate, publish, 16 distribute, or post a photograph or film showing another 17 person in a state of full or partial nudity or engaged in a 18 sex act, knowing that the other person has not consented to 19 the dissemination, publication, distribution, or posting. For 20 purposes of this subsection, “another person” includes a person 21 whose image was used in creating, adapting, or modifying a 22 photograph or film with the intent to depict that other person 23 who is recognizable by the person’s face, likeness, or other 24 distinguishing characteristic. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to harassment and extortion involving a 29 person whose image was used in creating, adapting, or modifying 30 a photograph or film. 31 Under current Code section 708.7(1)(a)(5), a person 32 commits harassment when, with intent to intimidate, annoy, 33 or alarm another person, the person disseminates, publishes, 34 distributes, posts, or causes to be disseminated, published, 35 -1- LSB 5533XC (2) 90 as/js 1/ 2

S.F. _____ distributed, or posted a photograph or film showing another 1 person in a state of full or partial nudity or engaged in a sex 2 act, knowing that the other person has not consented to the 3 dissemination, publication, distribution, or posting. 4 The bill provides that for purposes of the above provision, 5 “another person” includes a person whose image was used in 6 creating, adapting, or modifying a photograph or film with 7 the intent to depict that other person who is recognizable 8 by the person’s face, likeness, or other distinguishing 9 characteristic. 10 A violation of Code section 708.7(1)(a)(5) is an aggravated 11 misdemeanor. An aggravated misdemeanor is punishable by 12 confinement for no more than two years and a fine of at least 13 $855 but not more than $8,540. 14 The bill provides that a person commits extortion with the 15 purpose of obtaining for oneself or another anything of value, 16 tangible or intangible, including labor or services, if the 17 person threatens to disseminate, publish, distribute, or post a 18 photograph or film showing another person in a state of full or 19 partial nudity or engaged in a sex act, knowing that the other 20 person has not consented to the dissemination, publication, 21 distribution, or posting. The bill provides that “another 22 person” includes a person whose image was used in creating, 23 adapting, or modifying a photograph or film with the intent to 24 depict that other person who is recognizable by the person’s 25 face, likeness, or other distinguishing characteristic. 26 Extortion is a class “D” felony. A class “D” felony is 27 punishable by confinement for no more than five years and a 28 fine of at least $1,025 but not more than $10,245. 29 -2- LSB 5533XC (2) 90 as/js 2/ 2