Text: SSB01031 Text: SSB01033 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 728.12, subsections 1 and 2, Code 2003, 1 2 are amended to read as follows: 1 3 1. It shall be unlawful to employ, use, persuade, induce, 1 4 entice, coerce, solicit, knowingly permit, or otherwise cause 1 5 or attempt to cause a minor to engage in a prohibited sexual 1 6 act or in the simulation of a prohibited sexual act. A person 1 7 must know, or have reason to know, or intend that the act or 1 8 simulated act may be photographed, filmed, or otherwise 1 9 preserved in a negative, slide, book, magazine, computer, 1 10 computer disk, or other print or visual medium, or be 1 11 preserved in an electronic, magnetic, or optical storage 1 12 system, or in any other type of storage system. A person who 1 13 commits a violation of this subsection commits a class "C" 1 14 felony. Notwithstanding section 902.9, the court may assess a 1 15 fine of not more than fifty thousand dollars for each offense 1 16 under this subsection in addition to imposing any other 1 17 authorized sentence. 1 18 2. It shall be unlawful to knowingly promote any material 1 19 visually depicting a live performance of a minoror what1 20appears to be a minorengaging in a prohibited sexual act or 1 21 in the simulation of a prohibited sexual act. A person who 1 22 commits a violation of this subsection commits a class "D" 1 23 felony. Notwithstanding section 902.9, the court may assess a 1 24 fine of not more than twenty-five thousand dollars for each 1 25 offense under this subsection in addition to imposing any 1 26 other authorized sentence. 1 27 Sec. 2. Section 728.12, subsection 3, unnumbered paragraph 1 28 1, Code 2003, is amended to read as follows: 1 29 It shall be unlawful to knowingly purchase or possess a 1 30 negative, slide, book, magazine, computer, computer disk, or 1 31 other print or visual medium, or an electronic, magnetic, or 1 32 optical storage system, or any other type of storage system 1 33 which depicts a minoror what appears to be a minorengaging 1 34 in a prohibited sexual act or the simulation of a prohibited 1 35 sexual act. A person who commits a violation of this 2 1 subsection commits an aggravated misdemeanor for a first 2 2 offense and a class "D" felony for a second or subsequent 2 3 offense. For purposes of this subsection, an offense is 2 4 considered a second or subsequent offense if, prior to the 2 5 person's having been convicted under this subsection, any of 2 6 the following apply: 2 7 EXPLANATION 2 8 This bill makes changes to the definition of the criminal 2 9 offense of sexual exploitation of a minor by making it 2 10 unlawful to solicit or attempt to cause a minor to engage in a 2 11 prohibited sexual act or simulated prohibited sexual act. 2 12 The bill also strikes language from the criminal elements 2 13 of the crime of sexual exploitation of a minor in response to 2 14 a recent United States Supreme Court Opinion, Ashcroft v. Free 2 15 Speech Coalition, 122 S.Ct. 1389 (2002). The bill strikes 2 16 language that prohibits the purchase, possession, or promotion 2 17 of material that portrays what appears to be a minor in a 2 18 prohibited sexual act. The Supreme Court found the provision 2 19 "what appears to be a minor" to be overbroad and in violation 2 20 of the First Amendment of the United States Constitution and 2 21 stated its own opinion that the First Amendment requires a 2 22 more precise restriction. 2 23 LSB 1057DP 80 2 24 jm/cf/24
Text: SSB01031 Text: SSB01033 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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