Text: HF00326 Text: HF00328 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 327 1 2 1 3 AN ACT 1 4 RELATING TO THE CRIMINAL OFFENSES OF ENTICING A MINOR AWAY AND 1 5 SEXUAL EXPLOITATION OF A MINOR AND PROVIDING A PENALTY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 692A.1, subsection 4, Code 2001, is 1 10 amended by adding the following new paragraph: 1 11 NEW PARAGRAPH. mm. Enticing away a minor in violation of 1 12 section 710.10, subsection 1. 1 13 Sec. 2. Section 692A.1, subsection 4, paragraph n, Code 1 14 2001, is amended to read as follows: 1 15 n. An indictable offense committed in another jurisdiction 1 16 which would constitute an indictable offense under paragraphs 1 17 "a" through"m""mm". 1 18 Sec. 3. Section 710.10, Code 2001, is amended to read as 1 19 follows: 1 20 710.10 ENTICING AWAY ACHILDMINOR. 1 21 1. A person commits a class"D""C" felony when, without 1 22 authority and with the intent to commitan illegal actsexual 1 23 abuse or sexual exploitation uponthe childa minor under the 1 24 age of thirteen, the person entices awaya childthe minor 1 25 under the age of thirteen, or entices away a person reasonably 1 26 believed to be under the age of thirteen. 1 27 2. A person commitsan aggravated misdemeanora class "D" 1 28 felony when, without authority and with the intent to commit 1 29 an illegal act uponthe childa minor under the age of 1 30 sixteen, the personattempts to enticeentices away achild1 31 minor under the age of sixteen, or entices away a person 1 32 reasonably believed to be under the age of sixteen. 1 33 3. A person commits an aggravated misdemeanor when, 1 34 without authority and with the intent to commit an illegal act 1 35 upon a minor under the age of sixteen, the person attempts to 2 1 entice away a minor under the age of sixteen, or attempts to 2 2 entice away a person reasonably believed to be under the age 2 3 of sixteen. 2 43.4. A person's intent to commitan illegal act upon the2 5childa violation of this section may be inferred when the 2 6individualperson is not known to thechildperson being 2 7 enticed away and theindividualperson does not have the 2 8 permission of thechild'sparent, guardian, or custodian to 2 9 contact thechildperson being enticed away. 2 10 5. For purposes of determining jurisdiction under section 2 11 803.1, an offense is considered committed in this state if the 2 12 communication to entice away a minor or a person believed to 2 13 be a minor who is present in this state originates from 2 14 another state, or the communication to entice away a minor or 2 15 a person believed to be a minor is sent from this state. 2 16 Sec. 4. Section 728.12, Code 2001, is amended to read as 2 17 follows: 2 18 728.12 SEXUAL EXPLOITATION OF A MINOR. 2 19 1.A person commits a class "C" felony when the person2 20employs, uses, persuades, induces, entices, coerces, knowingly2 21permits,It shall be unlawful to employ, use, persuade, 2 22 induce, entice, coerce, knowingly permit, or otherwisecauses2 23 cause a minor to engage in a prohibited sexual act or in the 2 24 simulation of a prohibited sexual actif the person knows,2 25has. A person must know, or have reason to know, orintends2 26 intend that the act or simulated act may be photographed, 2 27 filmed, or otherwise preserved in a negative, slide, book, 2 28 magazine, computer, computer disk, or other print or visual 2 29 medium, or be preserved in an electronic, magnetic, or optical 2 30 storage system, or in any other type of storage system. A 2 31 person who commits a violation of this subsection commits a 2 32 class "C" felony. Notwithstanding section 902.9, the court 2 33 may assess a fine of not more than fifty thousand dollars for 2 34 each offense under this subsection in addition to imposing any 2 35 other authorized sentence. 3 1 2.A person commits a class "D" felony when the person3 2knowingly promotesIt shall be unlawful to knowingly promote 3 3 any material visually depicting a live performance of a minor 3 4 or what appears to be a minor engaging in a prohibited sexual 3 5 act or in the simulation of a prohibited sexual act. A person 3 6 who commits a violation of this subsection commits a class "D" 3 7 felony. Notwithstanding section 902.9, the court may assess a 3 8 fine of not more than twenty-five thousand dollars for each 3 9 offense under this subsection in addition to imposing any 3 10 other authorized sentence. 3 11 3.A person whoIt shall be unlawful to knowingly 3 12purchases or possessespurchase or possess a negative, slide, 3 13 book, magazine, computer, computer disk, or other print or 3 14 visual mediumdepicting, or an electronic, magnetic, or 3 15 optical storage system, or any other type of storage system 3 16 which depicts a minor or what appears to be a minor engaging 3 17 in a prohibited sexual act or the simulation of a prohibited 3 18 sexual actcommits a serious misdemeanor. A person who 3 19 commits a violation of this subsection commits an aggravated 3 20 misdemeanor for a first offense and a class "D" felony for a 3 21 second or subsequent offense. For purposes of this 3 22 subsection, an offense is considered a second or subsequent 3 23 offense if, prior to the person's having been convicted under 3 24 this subsection, any of the following apply: 3 25 a. The person has a prior conviction or deferred judgment 3 26 under this subsection. 3 27 b. The person has a prior conviction, deferred judgment, 3 28 or the equivalent of a deferred judgment in another 3 29 jurisdiction for an offense substantially similar to the 3 30 offense defined in this subsection. The court shall 3 31 judicially notice the statutes of other states that define 3 32 offenses substantially similar to the offense defined in this 3 33 subsection and that therefore can be considered corresponding 3 34 statutes. 3 35 4.However, thisThis section does not apply to law 4 1 enforcement officers, court personnel, licensed physicians, 4 2 licensed psychologists, or attorneys in the performance of 4 3 their official duties. 4 4 Sec. 5. Section 901A.1, subsection 1, Code 2001, is 4 5 amended by adding the following new paragraph: 4 6 NEW PARAGRAPH. bb. Enticing a minor away in violation of 4 7 section 710.10, subsection 1. 4 8 4 9 4 10 4 11 BRENT SIEGRIST 4 12 Speaker of the House 4 13 4 14 4 15 4 16 MARY E. KRAMER 4 17 President of the Senate 4 18 4 19 I hereby certify that this bill originated in the House and 4 20 is known as House File 327, Seventy-ninth General Assembly. 4 21 4 22 4 23 4 24 MARGARET THOMSON 4 25 Chief Clerk of the House 4 26 Approved , 2001 4 27 4 28 4 29 4 30 THOMAS J. VILSACK 4 31 Governor
Text: HF00326 Text: HF00328 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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