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House File 646 - IntroducedA Bill ForAn Act 1relating to sexual exploitation of a minor and providing
2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 728.12, subsections 1, 2, and 3, Code
22023, are amended to read as follows:
31. It shall be unlawful to employ, use, persuade, induce,
4entice, coerce, solicit, knowingly permit, or otherwise cause
5or attempt to cause a minor to engage in a prohibited sexual
6act or in the simulation of a prohibited sexual act. A person
7must know, or have reason to know, or intend that the act
8or simulated act may be photographed, filmed, or otherwise
9preserved in a visual depiction. A person who commits a
10violation of this subsection commits a class “C” “B” felony.
11Notwithstanding section 902.9, the court may assess a fine of
12not more than fifty thousand dollars for each offense under
13this subsection in addition to imposing any other authorized
14sentence.
152. It shall be unlawful to knowingly promote any material
16visually depicting a live performance of a minor engaging in
17a prohibited sexual act or in the simulation of a prohibited
18sexual act. A person who commits a violation of this
19subsection commits a class “D” “C” felony. Notwithstanding
20section 902.9, the court may assess a fine of not more than
21twenty-five thousand dollars for each offense under this
22subsection in addition to imposing any other authorized
23sentence.
243. It shall be unlawful to knowingly purchase or possess
25a visual depiction of a minor engaging in a prohibited sexual
26act or the simulation of a prohibited sexual act. A visual
27depiction containing pictorial representations of different
28minors shall be prosecuted and punished as separate offenses
29for each pictorial representation of a different minor in the
30visual depiction. However, violations of this subsection
31involving multiple visual depictions of the same minor shall
32be prosecuted and punished as one offense. A person who
33commits a violation of this subsection commits an aggravated
34misdemeanor a class “D” felony for a first offense and a
35class “D” “C” felony for a second or subsequent offense. For
-1-1purposes of this subsection, an offense is considered a second
2or subsequent offense if, prior to the person’s having been
3convicted under this subsection, any of the following apply:
4 the person has a prior conviction under this subsection or has
5a prior conviction in another jurisdiction for a substantially
6similar offense. The court shall judicially notice the
7statutes of other states that define offenses substantially
8similar to the offenses defined in this subsection and that
9therefore can be considered corresponding statutes.
10a. The person has a prior conviction or deferred judgment
11under this subsection.
12b. The person has a prior conviction, deferred judgment, or
13the equivalent of a deferred judgment in another jurisdiction
14for an offense substantially similar to the offense defined
15in this subsection. The court shall judicially notice the
16statutes of other states that define offenses substantially
17similar to the offense defined in this subsection and that
18therefore can be considered corresponding statutes.
19 Sec. 2. Section 901.11, Code 2023, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 6. At the time of sentencing, the court
22shall determine when a person convicted of sexual exploitation
23of a minor as described in section 902.12, subsection 6, shall
24first become eligible for parole or work release within the
25parameters specified in section 902.12, subsection 6, based
26upon all pertinent information including the person’s criminal
27record, a validated risk assessment, and the negative impact
28the offense has had on the victim or other persons.
29 Sec. 3. Section 902.12, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 6. A person serving a sentence for a
32conviction of sexual exploitation of a minor in violation
33of section 728.12, subsection 1, shall be denied parole or
34work release until the person has served between one-half and
35seven-tenths of the maximum term of the person’s sentence as
-2-1determined under section 901.11, subsection 6.
2 Sec. 4. Section 903B.1, Code 2023, is amended to read as
3follows:
4903B.1 Special sentence — class “B” or class “C” felonies.
5A person convicted of a class “C” felony or greater offense
6under chapter 709 or section 728.12, or a class “B” felony
7under section 713.3, subsection 1, paragraph “d”, or a class
8“C” felony under section 728.12, shall also be sentenced, in
9addition to any other punishment provided by law, to a special
10sentence committing the person into the custody of the director
11of the Iowa department of corrections for the rest of the
12person’s life, with eligibility for parole as provided in
13chapter 906. The board of parole shall determine whether the
14person should be released on parole or placed in a work release
15program. The special sentence imposed under this section shall
16commence upon completion of the sentence imposed under any
17applicable criminal sentencing provisions for the underlying
18criminal offense and the person shall begin the sentence under
19supervision as if on parole or work release. The person shall
20be placed on the corrections continuum in chapter 901B, and
21the terms and conditions of the special sentence, including
22violations, shall be subject to the same set of procedures set
23out in chapters 901B, 905, 906, and 908, and rules adopted
24under those chapters for persons on parole or work release.
25The revocation of release shall not be for a period greater
26than two years upon any first revocation, and five years upon
27any second or subsequent revocation. A special sentence
28shall be considered a category “A” sentence for purposes of
29calculating earned time under section 903A.2.
30 Sec. 5. Section 907.3, subsection 1, paragraph a, Code 2023,
31is amended by adding the following new subparagraph:
32 NEW SUBPARAGRAPH. (15) The offense is a violation of
33section 728.12.
34 Sec. 6. Section 915.100, subsection 2, Code 2023, is amended
35by adding the following new paragraph:
-3-1 NEW PARAGRAPH. j. In cases where the offender was convicted
2of sexual exploitation of a minor in violation of section
3728.12, subsection 1 or 2, the court shall order restitution
4under this section in an amount to be determined by the court
5as follows:
6(1) The court shall determine the full amount of the
7victim’s losses that were incurred or are reasonably projected
8to be incurred by the victim as a result of the sexual
9exploitation of the victim, but in no case shall such amount be
10less than three thousand dollars.
11(2) After completing the determination required under
12subparagraph (1), the court shall order pecuniary damages in
13an amount that reflects the offender’s relative role in the
14causal process that underlies the victim’s losses, but in no
15case shall such amount be less than three thousand dollars.
16(3) For purposes of this paragraph, in addition to the
17definition of victim provided in section 915.10, subsection 3,
18“victim” means the individual harmed as a result of a commission
19of a crime under section 728.12. The legal guardian of the
20victim or representative of the victim’s estate, another family
21member, or any other person appointed as suitable by the court,
22may assume the crime victim’s rights under this paragraph, but
23in no event shall the offender be named as a representative or
24guardian.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to sexual exploitation of a minor.
29Current law provides that it is a class “C” felony to employ,
30use, persuade, induce, entice, coerce, solicit, knowingly
31permit, or otherwise cause or attempt to cause a minor to
32engage in a prohibited sexual act or in the simulation of a
33prohibited sexual act. The bill increases the penalty to a
34class “B” felony.
35Current law provides that it is a class “D” felony to
-4-1knowingly promote any material visually depicting a live
2performance of a minor engaging in a prohibited sexual act
3or in the simulation of a prohibited sexual act. The bill
4increases the penalty to a class “C” felony.
5Current law provides that it is an aggravated misdemeanor
6for a first offense and a class “D” felony for a second or
7subsequent offense to knowingly purchase or possess a visual
8depiction of a minor engaging in a prohibited sexual act or
9the simulation of a prohibited sexual act. A visual depiction
10containing pictorial representations of different minors shall
11be prosecuted and punished as separate offenses for each
12pictorial representation of a different minor in the visual
13depiction. The bill increases the penalty to a class “D”
14felony for a first offense, and a class “C” felony for a second
15or subsequent offense. The bill provides that an offense is
16considered a subsequent offense if the person has previously
17been convicted of knowingly purchasing or possessing a visual
18depiction of a minor engaging in a prohibited sexual act or the
19simulation of a prohibited sexual act or the person has a prior
20conviction in another jurisdiction for a substantially similar
21offense.
22A class “B” felony is punishable by confinement for no more
23than five years and a fine of at least $1,025 but not more than
24$10,245. A class “C” felony is punishable by confinement for
25no more than 10 years and a fine of at least $1,370 but not more
26than $13,660. A class “D” felony is punishable by confinement
27for no more than five years and a fine of at least $1,025 but
28not more than $10,245.
29The bill provides that a person serving a sentence for
30a conviction of sexual exploitation of a minor that is a
31class “B” felony shall be denied parole or work release until
32the person has served between one-half and seven-tenths of
33the maximum term of the person’s sentence. At the time of
34sentencing, the court shall determine when a person convicted
35of sexual exploitation of a minor shall first become eligible
-5-1for parole or work release based upon all pertinent information
2including the person’s criminal record, a validated risk
3assessment, and the negative impact the offense has had on the
4victim or other persons.
5The bill provides that a court shall not defer judgment if
6the offense is a conviction of sexual exploitation of a minor.
7The bill provides that in cases where the offender was
8convicted of sexual exploitation of a minor involving causing
9or attempting to cause a minor to engage in a prohibited
10sexual act or the simulation of a prohibited sexual act, or
11in knowingly promoting any material visually depicting a
12live performance of a minor engaging in a prohibited sexual
13act or in the simulation of a prohibited sexual act, the
14court shall order restitution. The court shall determine the
15full amount of the victim’s losses that were incurred or are
16reasonably projected to be incurred as a result of the sexual
17exploitation of the victim, but in no case shall such amount
18be less than $3,000. The court shall order pecuniary damages
19in an amount that reflects the offender’s relative role in
20the causal process that underlies the victim’s losses, but in
21no case shall such amount be less than $3,000. For purposes
22of determining restitution, in addition to the definition of
23victim provided in Code section 915.10(3), “victim” means the
24individual harmed as a result of sexual exploitation. The
25legal guardian of the victim or representative of the victim’s
26estate, another family member, or any other person appointed as
27suitable by the court, may assume the crime victim’s rights,
28but in no event shall the offender be named as a representative
29or guardian.
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2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 728.12, subsections 1, 2, and 3, Code
22023, are amended to read as follows:
31. It shall be unlawful to employ, use, persuade, induce,
4entice, coerce, solicit, knowingly permit, or otherwise cause
5or attempt to cause a minor to engage in a prohibited sexual
6act or in the simulation of a prohibited sexual act. A person
7must know, or have reason to know, or intend that the act
8or simulated act may be photographed, filmed, or otherwise
9preserved in a visual depiction. A person who commits a
10violation of this subsection commits a class “C” “B” felony.
11Notwithstanding section 902.9, the court may assess a fine of
12not more than fifty thousand dollars for each offense under
13this subsection in addition to imposing any other authorized
14sentence.
152. It shall be unlawful to knowingly promote any material
16visually depicting a live performance of a minor engaging in
17a prohibited sexual act or in the simulation of a prohibited
18sexual act. A person who commits a violation of this
19subsection commits a class “D” “C” felony. Notwithstanding
20section 902.9, the court may assess a fine of not more than
21twenty-five thousand dollars for each offense under this
22subsection in addition to imposing any other authorized
23sentence.
243. It shall be unlawful to knowingly purchase or possess
25a visual depiction of a minor engaging in a prohibited sexual
26act or the simulation of a prohibited sexual act. A visual
27depiction containing pictorial representations of different
28minors shall be prosecuted and punished as separate offenses
29for each pictorial representation of a different minor in the
30visual depiction. However, violations of this subsection
31involving multiple visual depictions of the same minor shall
32be prosecuted and punished as one offense. A person who
33commits a violation of this subsection commits an aggravated
34misdemeanor a class “D” felony for a first offense and a
35class “D” “C” felony for a second or subsequent offense. For
-1-1purposes of this subsection, an offense is considered a second
2or subsequent offense if, prior to the person’s having been
3convicted under this subsection, any of the following apply:
4 the person has a prior conviction under this subsection or has
5a prior conviction in another jurisdiction for a substantially
6similar offense. The court shall judicially notice the
7statutes of other states that define offenses substantially
8similar to the offenses defined in this subsection and that
9therefore can be considered corresponding statutes.
10a. The person has a prior conviction or deferred judgment
11under this subsection.
12b. The person has a prior conviction, deferred judgment, or
13the equivalent of a deferred judgment in another jurisdiction
14for an offense substantially similar to the offense defined
15in this subsection. The court shall judicially notice the
16statutes of other states that define offenses substantially
17similar to the offense defined in this subsection and that
18therefore can be considered corresponding statutes.
19 Sec. 2. Section 901.11, Code 2023, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 6. At the time of sentencing, the court
22shall determine when a person convicted of sexual exploitation
23of a minor as described in section 902.12, subsection 6, shall
24first become eligible for parole or work release within the
25parameters specified in section 902.12, subsection 6, based
26upon all pertinent information including the person’s criminal
27record, a validated risk assessment, and the negative impact
28the offense has had on the victim or other persons.
29 Sec. 3. Section 902.12, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 6. A person serving a sentence for a
32conviction of sexual exploitation of a minor in violation
33of section 728.12, subsection 1, shall be denied parole or
34work release until the person has served between one-half and
35seven-tenths of the maximum term of the person’s sentence as
-2-1determined under section 901.11, subsection 6.
2 Sec. 4. Section 903B.1, Code 2023, is amended to read as
3follows:
4903B.1 Special sentence — class “B” or class “C” felonies.
5A person convicted of a class “C” felony or greater offense
6under chapter 709 or section 728.12, or a class “B” felony
7under section 713.3, subsection 1, paragraph “d”, or a class
8“C” felony under section 728.12, shall also be sentenced, in
9addition to any other punishment provided by law, to a special
10sentence committing the person into the custody of the director
11of the Iowa department of corrections for the rest of the
12person’s life, with eligibility for parole as provided in
13chapter 906. The board of parole shall determine whether the
14person should be released on parole or placed in a work release
15program. The special sentence imposed under this section shall
16commence upon completion of the sentence imposed under any
17applicable criminal sentencing provisions for the underlying
18criminal offense and the person shall begin the sentence under
19supervision as if on parole or work release. The person shall
20be placed on the corrections continuum in chapter 901B, and
21the terms and conditions of the special sentence, including
22violations, shall be subject to the same set of procedures set
23out in chapters 901B, 905, 906, and 908, and rules adopted
24under those chapters for persons on parole or work release.
25The revocation of release shall not be for a period greater
26than two years upon any first revocation, and five years upon
27any second or subsequent revocation. A special sentence
28shall be considered a category “A” sentence for purposes of
29calculating earned time under section 903A.2.
30 Sec. 5. Section 907.3, subsection 1, paragraph a, Code 2023,
31is amended by adding the following new subparagraph:
32 NEW SUBPARAGRAPH. (15) The offense is a violation of
33section 728.12.
34 Sec. 6. Section 915.100, subsection 2, Code 2023, is amended
35by adding the following new paragraph:
-3-1 NEW PARAGRAPH. j. In cases where the offender was convicted
2of sexual exploitation of a minor in violation of section
3728.12, subsection 1 or 2, the court shall order restitution
4under this section in an amount to be determined by the court
5as follows:
6(1) The court shall determine the full amount of the
7victim’s losses that were incurred or are reasonably projected
8to be incurred by the victim as a result of the sexual
9exploitation of the victim, but in no case shall such amount be
10less than three thousand dollars.
11(2) After completing the determination required under
12subparagraph (1), the court shall order pecuniary damages in
13an amount that reflects the offender’s relative role in the
14causal process that underlies the victim’s losses, but in no
15case shall such amount be less than three thousand dollars.
16(3) For purposes of this paragraph, in addition to the
17definition of victim provided in section 915.10, subsection 3,
18“victim” means the individual harmed as a result of a commission
19of a crime under section 728.12. The legal guardian of the
20victim or representative of the victim’s estate, another family
21member, or any other person appointed as suitable by the court,
22may assume the crime victim’s rights under this paragraph, but
23in no event shall the offender be named as a representative or
24guardian.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to sexual exploitation of a minor.
29Current law provides that it is a class “C” felony to employ,
30use, persuade, induce, entice, coerce, solicit, knowingly
31permit, or otherwise cause or attempt to cause a minor to
32engage in a prohibited sexual act or in the simulation of a
33prohibited sexual act. The bill increases the penalty to a
34class “B” felony.
35Current law provides that it is a class “D” felony to
-4-1knowingly promote any material visually depicting a live
2performance of a minor engaging in a prohibited sexual act
3or in the simulation of a prohibited sexual act. The bill
4increases the penalty to a class “C” felony.
5Current law provides that it is an aggravated misdemeanor
6for a first offense and a class “D” felony for a second or
7subsequent offense to knowingly purchase or possess a visual
8depiction of a minor engaging in a prohibited sexual act or
9the simulation of a prohibited sexual act. A visual depiction
10containing pictorial representations of different minors shall
11be prosecuted and punished as separate offenses for each
12pictorial representation of a different minor in the visual
13depiction. The bill increases the penalty to a class “D”
14felony for a first offense, and a class “C” felony for a second
15or subsequent offense. The bill provides that an offense is
16considered a subsequent offense if the person has previously
17been convicted of knowingly purchasing or possessing a visual
18depiction of a minor engaging in a prohibited sexual act or the
19simulation of a prohibited sexual act or the person has a prior
20conviction in another jurisdiction for a substantially similar
21offense.
22A class “B” felony is punishable by confinement for no more
23than five years and a fine of at least $1,025 but not more than
24$10,245. A class “C” felony is punishable by confinement for
25no more than 10 years and a fine of at least $1,370 but not more
26than $13,660. A class “D” felony is punishable by confinement
27for no more than five years and a fine of at least $1,025 but
28not more than $10,245.
29The bill provides that a person serving a sentence for
30a conviction of sexual exploitation of a minor that is a
31class “B” felony shall be denied parole or work release until
32the person has served between one-half and seven-tenths of
33the maximum term of the person’s sentence. At the time of
34sentencing, the court shall determine when a person convicted
35of sexual exploitation of a minor shall first become eligible
-5-1for parole or work release based upon all pertinent information
2including the person’s criminal record, a validated risk
3assessment, and the negative impact the offense has had on the
4victim or other persons.
5The bill provides that a court shall not defer judgment if
6the offense is a conviction of sexual exploitation of a minor.
7The bill provides that in cases where the offender was
8convicted of sexual exploitation of a minor involving causing
9or attempting to cause a minor to engage in a prohibited
10sexual act or the simulation of a prohibited sexual act, or
11in knowingly promoting any material visually depicting a
12live performance of a minor engaging in a prohibited sexual
13act or in the simulation of a prohibited sexual act, the
14court shall order restitution. The court shall determine the
15full amount of the victim’s losses that were incurred or are
16reasonably projected to be incurred as a result of the sexual
17exploitation of the victim, but in no case shall such amount
18be less than $3,000. The court shall order pecuniary damages
19in an amount that reflects the offender’s relative role in
20the causal process that underlies the victim’s losses, but in
21no case shall such amount be less than $3,000. For purposes
22of determining restitution, in addition to the definition of
23victim provided in Code section 915.10(3), “victim” means the
24individual harmed as a result of sexual exploitation. The
25legal guardian of the victim or representative of the victim’s
26estate, another family member, or any other person appointed as
27suitable by the court, may assume the crime victim’s rights,
28but in no event shall the offender be named as a representative
29or guardian.
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