Text: SF00350 Text: SF00352 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 692A.1, subsection 4, Code 2001, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. mm. Enticing away a minor in violation of 1 4 section 710.10, subsection 1. 1 5 Sec. 2. Section 692A.1, subsection 4, paragraph n, Code 1 6 2001, is amended to read as follows: 1 7 n. An indictable offense committed in another jurisdiction 1 8 which would constitute an indictable offense under paragraphs 1 9 "a" through"m""mm". 1 10 Sec. 3. Section 710.10, Code 2001, is amended to read as 1 11 follows: 1 12 710.10 ENTICING AWAY ACHILDMINOR. 1 13 1. A person commits a class"D""C" felony when, without 1 14 authority and with the intent to commitan illegal actsexual 1 15 abuse or sexual exploitation uponthe childa minor under the 1 16 age of thirteen, the person entices awaya childthe minor 1 17 under the age of thirteen, or entices away a person reasonably 1 18 believed to be under the age of thirteen. 1 19 2. A person commitsan aggravated misdemeanora class "D" 1 20 felony when, without authority and with the intent to commit 1 21 an illegal act uponthe childa minor under the age of 1 22 sixteen, the personattempts to enticeentices away achild1 23 minor under the age of sixteen, or entices away a person 1 24 reasonably believed to be under the age of sixteen. 1 25 3. A person commits an aggravated misdemeanor when, 1 26 without authority and with the intent to commit an illegal act 1 27 upon a minor under the age of sixteen, the person attempts to 1 28 entice away a minor under the age of sixteen, or attempts to 1 29 entice away a person reasonably believed to be under the age 1 30 of sixteen. 1 313.4. A person's intent to commitan illegal act upon the1 32childa violation of this section may be inferred when the 1 33individualperson is not known to thechildperson being 1 34 enticed away and theindividualperson does not have the 1 35 permission of thechild'sparent, guardian, or custodian to 2 1 contact thechildperson being enticed away. 2 2 5. For purposes of determining jurisdiction under section 2 3 803.1, an offense is considered committed in this state if the 2 4 communication to entice away a minor or a person believed to 2 5 be a minor who is present in this state originates from 2 6 another state, or the communication to entice away a minor or 2 7 a person believed to be a minor is sent from this state. 2 8 Sec. 4. Section 728.12, Code 2001, is amended to read as 2 9 follows: 2 10 728.12 SEXUAL EXPLOITATION OF A MINOR. 2 11 1.A person commits a class "C" felony when the person2 12employs, uses, persuades, induces, entices, coerces, knowingly2 13permits,It shall be unlawful to employ, use, persuade, 2 14 induce, entice, coerce, knowingly permit, or otherwisecauses2 15 cause a minor to engage in a prohibited sexual act or in the 2 16 simulation of a prohibited sexual actif the person knows,2 17has. A person must know, or have reason to know, orintends2 18 intend that the act or simulated act may be photographed, 2 19 filmed, or otherwise preserved in a negative, slide, book, 2 20 magazine, computer, computer disk, or other print or visual 2 21 medium, or be preserved in an electronic, magnetic, or optical 2 22 storage system, or in any other type of storage system. A 2 23 person who commits a violation of this subsection commits a 2 24 class "C" felony. Notwithstanding section 902.9, the court 2 25 may assess a fine of not more than fifty thousand dollars for 2 26 each offense under this subsection in addition to imposing any 2 27 other authorized sentence. 2 28 2.A person commits a class "D" felony when the person2 29knowingly promotesIt shall be unlawful to knowingly promote 2 30 any material visually depicting a live performance of a minor 2 31 or what appears to be a minor engaging in a prohibited sexual 2 32 act or in the simulation of a prohibited sexual act. A person 2 33 who commits a violation of this subsection commits a class "D" 2 34 felony. Notwithstanding section 902.9, the court may assess a 2 35 fine of not more than twenty-five thousand dollars for each 3 1 offense under this subsection in addition to imposing any 3 2 other authorized sentence. 3 3 3.A person whoIt shall be unlawful to knowingly 3 4purchases or possessespurchase or possess a negative, slide, 3 5 book, magazine, computer, computer disk, or other print or 3 6 visual mediumdepicting, or an electronic, magnetic, or 3 7 optical storage system, or any other type of storage system 3 8 which depicts a minor or what appears to be a minor engaging 3 9 in a prohibited sexual act or the simulation of a prohibited 3 10 sexual actcommits a serious misdemeanor. A person who 3 11 commits a violation of this subsection commits an aggravated 3 12 misdemeanor. A person who commits a second or subsequent 3 13 violation of this subsection, or a person who commits a 3 14 violation of this subsection and who has committed a prior 3 15 offense in another jurisdiction which would constitute a 3 16 violation under this subsection, commits a class "D" felony. 3 17 4.However, thisThis section does not apply to law 3 18 enforcement officers, court personnel, licensed physicians, 3 19 licensed psychologists, or attorneys in the performance of 3 20 their official duties. 3 21 Sec. 5. Section 901A.1, subsection 1, Code 2001, is 3 22 amended by adding the following new paragraph: 3 23 NEW PARAGRAPH. bb. Enticing away a minor in violation of 3 24 section 710.10, subsection 1. 3 25 EXPLANATION 3 26 This bill relates to the criminal offenses of enticing away 3 27 a minor and sexual exploitation of a minor. 3 28 The bill changes the name of the crime of enticing away a 3 29 child to enticing away a minor, and makes changes to the 3 30 penalties. The bill provides that a person commits a class 3 31 "C" felony, if the person entices away a minor under the age 3 32 of 13 or a person believed to be under the age of 13 with the 3 33 intent to commit sexual abuse or sexual exploitation. The 3 34 bill provides that a person commits a class "D" felony, if the 3 35 person entices away a minor under the age of 16 or a person 4 1 believed to be under the age of 16, with the intent to commit 4 2 an illegal act. The bill provides that a person commits an 4 3 aggravated misdemeanor, if the person attempts to entice away 4 4 a minor who is under the age of 16 or a person believed to be 4 5 under the age of 16. Under current law, a person commits a 4 6 class "D" felony for enticing away a minor, and an aggravated 4 7 misdemeanor for attempting to entice away a minor. 4 8 The bill also provides that the offense is considered 4 9 committed in this state, if the communication to entice away a 4 10 minor or person believed to be a minor who is present in this 4 11 state originates in another state, or the communication to 4 12 entice away a minor or person believed to be a minor is sent 4 13 from this state. 4 14 The bill adds enticing away minor away under the age of 13 4 15 in violation of Code section 710.10, subsection 1, to the list 4 16 of sexually predatory offenses in Code chapter 901A. A person 4 17 convicted of a sexually predatory offense will serve a greater 4 18 sentence than if only convicted of the underlying offense. 4 19 The bill also requires that a person who commits enticing away 4 20 minor under the age of 13 register as a sex offender. 4 21 The bill also makes changes to the definition of the 4 22 criminal offense of sexual exploitation of a minor. The bill 4 23 makes it unlawful to induce or permit a minor to engage in a 4 24 sex act if the person knows or should know that the sex act 4 25 will be preserved in some manner on a computer, computer disk, 4 26 or be placed in an electronic storage system, or in any other 4 27 type of storage system. Under current law it is unlawful to 4 28 induce or permit a minor to engage in a sex act if the person 4 29 knows or should have known that the sex act may be 4 30 photographed, filmed, or otherwise preserved in a negative, 4 31 slide, book, magazine, or other print or visual medium. A 4 32 person who commits sexual exploitation of a minor by 4 33 unlawfully inducing or permitting a minor to engage in a sex 4 34 act commits a class "C" felony. 4 35 The bill also makes it unlawful to knowingly purchase or 5 1 possess images of a minor or what appears to be a minor 5 2 engaged in a sex act if the images are contained in a 5 3 computer, computer disk, or in an electronic storage system, 5 4 or in any other type of storage system. Under current law, it 5 5 is unlawful to knowingly purchase or possess images of a minor 5 6 in a sex act if the image is in a negative, slide, book, or 5 7 magazine, or other print or visual medium. The bill increases 5 8 the penalty for purchasing or possessing sexually exploitative 5 9 images from a serious misdemeanor to an aggravated 5 10 misdemeanor. In addition, the bill provides that if a person 5 11 commits a second or subsequent offense of purchasing or 5 12 possessing sexually exploitative images, the person commits a 5 13 class "D" felony. 5 14 An aggravated misdemeanor is punishable by confinement for 5 15 no more than two years and a fine of at least $500 but not 5 16 more than $5,000. A class "D" felony is punishable by 5 17 confinement for no more than five years and a fine of at least 5 18 $750 but not more than $7,500. A class "C" felony is 5 19 punishable by confinement for no more than 10 years and a fine 5 20 of at least $1,000 but not more than $10,000. 5 21 LSB 1124SV 79 5 22 jm/pj/5.1
Text: SF00350 Text: SF00352 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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