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House File 327

Partial Bill History

Bill Text

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 A CHILD MINOR.
  1 21    1.  A person commits a class "D" "C" felony when, without
  1 22 authority and with the intent to commit an illegal act sexual
  1 23 abuse or sexual exploitation upon the child a minor under the
  1 24 age of thirteen, the person entices away a child the 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 commits an aggravated misdemeanor a class "D"
  1 28 felony when, without authority and with the intent to commit
  1 29 an illegal act upon the child a minor under the age of
  1 30 sixteen, the person attempts to entice entices away a child
  1 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  4    3. 4.  A person's intent to commit an illegal act upon the
  2  5 child a violation of this section may be inferred when the
  2  6 individual person is not known to the child person being
  2  7 enticed away and the individual person does not have the
  2  8 permission of the child's parent, guardian, or custodian to
  2  9 contact the child person 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 person
  2 20 employs, uses, persuades, induces, entices, coerces, knowingly
  2 21 permits, It shall be unlawful to employ, use, persuade,
  2 22 induce, entice, coerce, knowingly permit, or otherwise causes
  2 23 cause a minor to engage in a prohibited sexual act or in the
  2 24 simulation of a prohibited sexual act if the person knows,
  2 25 has.  A person must know, or have reason to know, or intends
  2 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 person
  3  2 knowingly promotes It 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 who It shall be unlawful to knowingly
  3 12 purchases or possesses purchase or possess a negative, slide,
  3 13 book, magazine, computer, computer disk, or other print or
  3 14 visual medium depicting, 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 act commits 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, this This 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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